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STATE v. CAREY-MARTIN

A157942 (Control), A157943.

430 P.3d 98 (2018)

293 Or.App. 611

STATE of Oregon, Plaintiff-Respondent, v. Alixandur C. CAREY-MARTIN, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted en banc April 11, 2018.

September 6, 2018.

Attorney(s) appearing for the Case

Anne K. Fujita Munsey, Deputy Public Defender, argued the cause for appellant. On the brief were Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Lindsey K. Detweiler, Deputy Public Defender, Office of Public Defense Services.

Rolf C. Moan, Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum, Attorney General, and Paul L. Smith, Deputy Solicitor General.

ORS 137.690, the statute that enacted Ballot Measure 73, imposes a mandatory minimum term of 25 years for a person who has been convicted of more than one "major felony sex crime."1 Included among the sex crimes defined as "major felony sex crime[s]" is the crime of using a child in a display of sexually explicit...

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