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STATE v. NEWMAN

CR90-367; CA A67884.

832 P.2d 47 (1992)

113 Or. App. 102

STATE of Oregon, Respondent, v. Walter C. NEWMAN, Appellant.

Court of Appeals of Oregon.

Decided May 13, 1992.

Review Denied August 25, 1992.

Attorney(s) appearing for the Case

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

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Carol J. Fredrick, Asst. Atty. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Defendant pled guilty to two counts of sodomy in the first degree, ORS 163.405, in exchange for the dismissal of five other counts of sodomy in the first degree. He appeals from the upward departure sentence on one count. We affirm.

Defendant's main argument is that the departure is not supported by substantial and compelling reasons, because the sentencing court considered the age of the victim, Michael, as an aggravating factor. OAR 253-08...

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