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STATE v. MAKI

90-02-30946 & C91-01-30443; CA A69766 (Control) & CA A70204.

838 P.2d 636 (1992)

115 Or. App. 367

STATE of Oregon, Respondent, v. Terry Alan MAKI, Appellant.

Court of Appeals of Oregon.

Decided September 30, 1992.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

DE MUNIZ, Judge.

Defendant challenges the sentence imposed for his conviction of unauthorized use of a motor vehicle. ORS 164.135. He came within grid block 3-E, with a presumptive probation term of 24 months. The court entered a probation sentence of 60 months, finding substantial and compelling reasons for a departure or, alternatively, under the authority of OAR 253-05-008.1 At sentencing, defendant did not argue that OAR 253-05-008...

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