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STATE v. AMBROSE

C901777CR; CA A70206.

844 P.2d 227 (1992)

117 Or. App. 298

STATE of Oregon, Respondent, v. David Michael AMBROSE, Appellant.

Court of Appeals of Oregon.

Decided December 23, 1992.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Ann F. Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Defendant was convicted of sexual abuse in the first degree. ORS 163.427. The victim was a 36-year old neighbor who is mentally retarded and virtually confined to a wheelchair. Defendant challenges the court's imposition of an upward durational departure sentence of 60 months. We remand for resentencing.

The court relied on seven aggravating factors in support of the departure. Only four require discussion. Defendant is correct that...

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