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STATE v. GUTHRIE

90-1173-C-3; CA A67307 (Control), CA A67334.

828 P.2d 462 (1992)

112 Or. App. 102

STATE of Oregon, Respondent, v. Charles Houston GUTHRIE, Appellant.

Court of Appeals of Oregon.

Decided March 11, 1992.

Attorney(s) appearing for the Case

David K. Allen, Deputy Public Defender, argued the cause, for appellant. With him on the brief, was Sally L. Avera, Public Defender, Salem.

Richard D. Wasserman, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief, were Dave Frohnmayer, Atty. General, and Virginia L. Linder, Sol. Gen., Salem.

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

DE MUNIZ, Judge.

Defendant was convicted of attempted murder, ORS 163.115, assault in the first degree, ORS 163.185, assault in the fourth degree, ORS 163.160 and carrying a concealed weapon, ORS 166.240. He appeals his conviction for assault in the first degree and the upward departure sentence imposed on the convictions for attempted murder and assault in the first degree.1

The charges arose from an incident on the evening of...

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