163.149. ����������� 240 months ______________________________________________________________________________ ����� (5) If a person charged with an offense under this section is found guilty of

163.149. ����������� 240 months

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����� (5) If a person charged with an offense under this section is found guilty of a lesser included offense and the lesser included offense is:

����� (a) An offense listed in subsection (4) of this section, the court shall sentence the person as provided in subsections (1) and (2) of this section.

����� (b) Not an offense listed in subsection (4) of this section:

����� (A) But constitutes an offense for which waiver is authorized under ORS 419C.349 (1)(b), the court, upon motion of the district attorney, shall hold a hearing to determine whether to retain jurisdiction or to transfer the case to juvenile court for disposition. In determining whether to retain jurisdiction, the court shall consider the criteria for waiver in ORS 419C.349. If the court retains jurisdiction, the court shall sentence the person as an adult under sentencing guidelines. If the court does not retain jurisdiction, the court shall:

����� (i) Order that a presentence report be prepared;

����� (ii) Set forth in a memorandum any observations and recommendations that the court deems appropriate;

����� (iii) Enter an order transferring the case to the juvenile court for disposition under ORS