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STATE v. KIRKPATRICK

A165450.

460 P.3d 114 (2020)

302 Or. App. 62

STATE of Oregon, Plaintiff-Respondent, v. Michael Andrew KIRKPATRICK, Defendant-Appellant.

Court of Appeals of Oregon.

January 29, 2020.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Ingrid A. MacFarlane, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jennifer S. Lloyd, Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.

Defendant appeals from a judgment of conviction for encouraging child sexual abuse in the first degree. He assigns error to the trial court's determination at sentencing that he was subject to ORS 137.719, which provides a presumptive sentence for repeat sex offenders. Defendant disputes that one of two prior offenses qualifies as a ...

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