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SORENSON v. STATE5/9/1997
BR>
Because the challenged sentence violates the Austin rule, we must remand for resentencing. Upon remand, if the state seeks or the court contemplates imposing a sentence exceeding the Austin limit, Sorenson must receive advance notice of proposed aggravating factors or extraordinary circumstances, and he must be given an opportunity to respond. Lewis, 845 P.2d at 448-49. The sentencing court's findings on these issues will be governed by the clear and convincing evidence standard. Id.
We REMAND this case for resentencing.
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