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STATE v. CLARK

903080; CA A67351.

833 P.2d 1341 (1992)

113 Or. App. 692

STATE of Oregon, Respondent, v. Wesley Dale CLARK, Appellant.

Court of Appeals of Oregon.

Decided July 1, 1992.

Attorney(s) appearing for the Case

Alan H. Biedermann, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Cynthia A. Forbes, Asst. Atty. Gen., Salem.

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

RICHARDSON, Presiding Judge.

Defendant pled guilty to possession of a dangerous weapon with intent to use, ORS 166.220, being a felon in possession of a firearm, ORS 166.270, and assault in the fourth degree, a misdemeanor. ORS 163.160. He appeals the upward departure sentence imposed for possession of a dangerous weapon. We remand for resentencing.

To support the departure, the court relied on the aggravating factor of "persistent involvement in similar offenses...

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