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STATE v. HUBBARD

C900386CR; CA A68539.

826 P.2d 642 (1992)

111 Or.App. 402

STATE of Oregon, Respondent, v. Christian Mathew HUBBARD, Appellant.

Court of Appeals of Oregon.

Decided February 12, 1992.

Attorney(s) appearing for the Case

Laura Graser, Portland, argued the cause and filed the brief for appellant.

Mary H. Williams, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

PER CURIAM.

Defendant appeals his sentence on one count of assault in the second degree, ORS 163.175, and two counts of criminal mistreatment in the first degree. ORS 163.205. The trial court sentenced defendant to 30 months incarceration for the assault; 12 months incarceration, consecutive to the assault sentence, for one of the criminal mistreatment counts and 6 months, concurrent on the other mistreatment count. This sentence constitutes an "upward departure,...

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