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`‘ CIRCUIT COURT OF THE STATE OF
`” "FOR THE COUNTY OF COLUMBIA
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`I
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`“
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`F l L E D
`STATE OF OREGON
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`STA;TE.O_E_ORE.GON,___
`
`Plaintifl‘,
`
`vs.
`
`RICHARD JOHN CHENEY,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
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`Case No. 13-1005 - Count I
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`D.A. File No. 1.03 24389
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`AMENDED JUDGMENT - FELONY
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`Dated: February 12, 2013
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`Presiding: Steven B. Reed
`Circuit Court Judge
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`Appearing: Dale L. Anderson
`Chief Deputy District Attorney
`
`Thomas Freedman, Jr.
`Defense Counsel
`
`Richard John Cheney
`In Custody
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`Purpose: No Contest Plea and Sentencing
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`The above entitled matter came regularly before the Court upon the representation of the
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`parties that defendant was prepared to enter a No Contest plea to Count 1, Unlawful Delivery of
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`Methamphetamine, Substantial Quantity and be sentenced; the Court inquired of the defendant if
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`he wished to change his plea to No Contest to Count I and the defendant replied that he did and
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`defendant then pleaded No Contest; the Court questioned the defendant and determined that the
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`change of plea was being made freely, knowingly, and voluntarily in all respects; the Court
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`inquired of the State if there was a factual basis for the plea; upon hearing the statement from the
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`State the Court found there is a factual basis for defendant’s No Contest plea; the Court heard
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`statements from counsel regarding the sentence and offered the defendant an opportunity to make a
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`statement in his own behalf and at the conclusion thereofthe Court being fully advised in the
`
`R. STEPHEN ATCHISON
`District Attorneyfor Columbia County
`328 County Courthouse, St. Helens, OR 9705]
`503-397-0300 - Fax 503-397-2760
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`Page I
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`
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`premises:
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`IT IS THEREFORE ORDERED that defendant’s plea of No Contest to Count I, Unlawful
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`Delivery of Methamphetamine, Substantial Quantity shall be received and entered of record herein;
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`and
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`IT IS FURTHER ORDERED that defendant’s grid block is 8E and the Court orders that
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`the defendant shall be committed to the legal and physical custody of the Oregon State Corrections
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`Division for a period of 24 months and 25 days with three years of Post Prison supervision; and
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`IT IS FURTHER ORDERED that defendant shall be eligible for earned time/good time
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`credits under ORS 421.121(1)(a) and shall receive credit for time served fi'om December 29, 2012;
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`and
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`IT IS FURTHER ORDERED that defendant shall not be eligible for other ORS 42 l . 121
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`programs or for AIP or for release under ORS 421.508(4); and
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`IT IS FURTHER ORDERED that the Court recommends that defendant be allowed contact
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`with Michelle Smith while incarcerated in the Columbia Countyjail and Oregon State Corrections
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`Division; and
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`IT IS FURTHER ORDERED that upon release to the Post Prison Supervisor the Court
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`recommends that defendant be allowed contact with Michelle Smith if she has completed any
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`substance abuse program that was recommended for her; and
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`IT IS FURTHER ORDERED that Counts 2, 3, 4, 5, 6, 7, and 8 are dismissed; and
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`IT IS FURTHER ORDERED that the Columbia County Sheriff shall transport defendant to
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`the Oregon State Corrections Division; and
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`IT IS FURTHER ORDERED that defendant shall pay the amounts in the money award.
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`DATED: this (75
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`day of g Q , 2014.
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`\DOONON‘JI-D-UJN—
`NNNNNNN_~—fi_l——l_l—I_—tQMQWN—oomNQM-BWNflO
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`Circuit Court Judge
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`R. STEPHEN ATCHISON
`District Almmeyfor Columbia County
`328 County Courthouse, St. Helens, OR 97051
`503-397-0300 - Fax 503-397-2760
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`Page 2
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`
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`02/14/2014
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`21:15
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`#3343 P.006 /006
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`MONEY AWARD
`JUDGMENT CREDITOR: State of Oregon
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`Case No. 13—1005d 1
`JUDGMENT DEBTOR: Richerd John Cheney
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`.
`. DEFENDANT IS ORDERED TO‘PAY:
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`-
`EiRestitutIanJolnt and Several liability with:
`CI Resti’wtlon
`El Compensam Fine-
`in favor ofthe pasomsl listedbelowz,
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`AMOUNT DUE
`
`5
`
`
`
`Name:
`Addres:
`
`_$..
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`Name:
`Adair-‘55:
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`_
`
`.
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`FINE:
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`
`elony minimum 5200 El Misdemeanor minimum $100
`Memmphewnine~manufacture or manufacture with 1000’ of sd'm'ol minimum $1000
`El Methamphetamine - delivexy or deTIvejr'y- Within 1000' of salted. minimum $50.0.
`ISMPOE a
`:1:an950 I
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`20%
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`D $___ of fine suspended on succesful tompletian of
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`D REIMBURSEAITORNEY FEES
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`El DUll Oonudion Fee ($255)
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`.
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`D PRIOR FINANCIAL OBLiéATIONS CONTINUED:
`
`-
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`5—— .$____.._._._ .5
`‘
`(Less Contrib. Amt)
`$_____
`5
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`5'
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`DPROB‘VIOLATlON ASMT ($25)
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`s
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`D BENCH PROBATION FEE ($100)
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`-$____ '
`
`S
`
`s
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`E]: .
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`
`'
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`Ci Restitution shall bepaid before'fines.and assesflnents.
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`TOTAL OBLIGATION [this diarge]
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`5
`
`S
`
`S I
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`$
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`5
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`Defendant is ordered to comply with the. terms of the Money-award, report to the wart accounting counter and-to comply with directions
`of the mint deflection staff; All finana'al obligatiwts are. due in‘full today.
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`' ms summ- ORDERED if'Defen'dant is appmved by the court cellecuonstafito make payments, the payments are m be received Ely-the
`court on or before the date(s) established. Ifthe defenda'm is unable to Make the. payment. the. defendant shall submita requat
`to modify the payment schedule and the reasorzs why. Request must be received by the court prior to the payment due date, Defendant
`willkeep court advisied of await-mailing addres unlil this money judgnem Is pald In full. The court may inuease the total amaunt-owed
`by addingcoiiedzioh fees and other assessments. These fees and mements maybe added Without further natice to the defendant and
`withoutfurther order of the'court. No- ooUectiOn'fee will be added ifobfigatlon Is pal‘d within thirty (30) days Offlieentty of judgment.
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`after
`Subject'to amendment .ofa judgfflent under ORS 13.7.1117, money required to he paid as a condition of probation remains
`revocation of prob'afidn only l'f the amount'is-Induded in the. money award portion ofthe judgment document, even if the amoum is
`referred to-lnzother partsof the judging!!! document,
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`_
`El Sécurity Bond exonerated '
`E! BalllS'ewflty Release: El tobe'd‘lsqlbutedas-fonéwsi
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`-
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`.
`
`. men-mum ORDEREDthat:
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`'
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`Payment of the fines, fags, assessments, lesfltution and/or attorney's fees noted above” shall be made payable to the Trial Court
`Admini'slzator- as‘foilows: My7 emeng to; £0 Strand 5;, St Helm. 93'9M1
`-
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`D to be applied to Financial Obfigafiojris in (212(5):
`
`
` /
` dge
`' Steven Reed, erlt CourtJ
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`I
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`Money Award Revised 2/1/12
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`Page
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`of
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`'
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`CERTIFICATE OF SERVICE
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`I hereby certify that I served the foregoing Amended Judgment - Felony in the matter of
`the State of Oregon vs. Richard John Cheney, Case No. 13-1005 - Count 1 in the County of
`Columbia on:
`
`Thomas Freedman
`
`Attorney at Law
`522 SW 5th Ave, Ste 1100
`
`Portland, OR 97204
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`FAX: 503-295-6344
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`by the following indicated method or methods:
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`by mailing full, true and correct copies thereof, certified by me as such, contained in a
`sealed, first class postage prepaid envelope, addressed to said attorney shown above at the
`last known address, and deposited in the post office at St.Helens, Oregon on the date set
`forth below.
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`by causing full, true and correct copies thereof, certified by me as such, to be personally
`delivered to and leaving with the attorney at the attorney's last known office address listed
`above, on the date set forth below.
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`by sending full, true and correct copies thereof, certified by me as such, via overnight
`courier in sealed, prepaid envelopes, addressed as shown to the attorney above, at the last
`known office address of the attorney, on the date set forth below.
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`by means of a telephone facsimile communication device to the fax number
`shown above, of the attorney referenced above, which facsimile
`communication device is maintained by the attorney referenced above and was
`operating at the time of service, which facsimile service was made on the date
`set forth below .
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`by leaving in a receptacle designated for defense counsel pickup.
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`TRUE COPY
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`I hereby certify that the foregoing copy of this Amended Judgment - Felony is a
`complete and exact copy of the original.
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`DATED this 3 1 st day of March, 201 ale L. Ande on, OSB #740101
`
`Chief Deputy District Attorney
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`