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STATE v. SPARKS

(CC 14CR08738, 140331053) (SC S065728).

439 P.3d 980 (2019)

364 Or. 696

STATE of Oregon, Respondent on Review, v. Patrick Allen SPARKS, Petitioner on Review.

Supreme Court of Oregon.

April 18, 2019.

Attorney(s) appearing for the Case

Sarah Laidlaw, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for the petitioner on review. Also on the briefs was Ernest G. Lannet, Chief Defender.

Timothy A. Sylwester, Senior Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Jesse Wm. Barton, Salem, filed the brief for amici curiae Oregon Justice Resource Center and Pacific Sentencing Initiative, LLC.

Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, Nelson, and Garrett, Justices.

Defendant appealed the trial court's imposition of three consecutive probation revocation sanctions, the Court of Appeals affirmed, and this court allowed defendant's petition for review. On review, defendant argues that, under a provision of the sentencing guidelines, OAR 213-012-0040(2)(b), a trial court must find a separate probation...

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