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STATE v. SWISHER

91-04-1386; CA A72581.

840 P.2d 1339 (1992)

116 Or. App. 129

STATE of Oregon, Respondent, v. Harry Gayle SWISHER, Appellant.

Court of Appeals of Oregon.

Decided November 4, 1992.

Reconsideration Denied December 30, 1992.

Review Denied January 26, 1993.

Attorney(s) appearing for the Case

Jonel K. Ricker, Enterprise, argued the cause and filed the brief for appellant.

Thomas H. Denney, 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 WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Defendant challenges the durational departure sentence imposed after he pled no contest to a charge of assault in the second degree. He first argues that the court erred in considering aggravating factors and imposing a departure without the suggestion of either party. He argues that the court exceeded its authority under ORS 137.080:

"(1) After a plea or verdict of guilty, or after a verdict against the defendant on a plea of former...

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