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STATE v. ORSI/GAUTHIER

901643, 89CR-2601, 89CR-2844; CA A65835; CA A63915.

813 P.2d 82 (1991)

108 Or.App. 176

STATE of Oregon, Respondent, v. STEPHEN VINCENT ORSI, Appellant. State of Oregon, Respondent, v. Arthur Donalt Gauthier, Appellant.

Court of Appeals of Oregon.

Argued and Submitted May 24, 1991.

Decided July 3, 1991.

Attorney(s) appearing for the Case

Steven R. Swenson, Newport, argued the cause, for appellant Stephen Vincent Orsi. With him on the brief was the Law Offices of Robert W. Connell, Newport.

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause, for respondent State of Or. (A65835). With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause, for appellant Arthur Donalt Gauthier. With him on the brief was Sally L. Avera, Public Defender, Salem.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause, for respondent State of Or. (A63915). With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

Argued and Submitted May 20, 1991 (A65835).

Argued and Submitted May 24, 1991 (A63915).

DE MUNIZ, Judge.

In these two appeals, consolidated for opinion, defendants challenge departure sentences imposed under the sentencing guidelines. ORS 137.010; OAR chapter 253. In State v. Orsi, defendant pled guilty to one count of criminal mischief, ORS 164.635, and was sentenced to 24 months probation. The trial court also imposed a departure sentence...

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