STATE v. SMITH

91-1916-C-2; CA A71574.

845 P.2d 1304 (1993)

118 Or. App. 97

STATE of Oregon, Respondent, v. David Allan SMITH, Appellant.

Court of Appeals of Oregon.

Decided February 3, 1993.


Attorney(s) appearing for the Case

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

Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Diane S. Lefkow, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, C.J., and DEITS and RIGGS, JJ.


PER CURIAM.

Defendant appeals his conviction for attempted assault in the second degree. ORS 163.175. He contends that the departure sentence under the guidelines was improper, because the court failed to make findings that there were substantial and compelling reasons to depart from the presumptive sentence.

Defendant made no objection to the sentence and, in fact, stipulated to the dispositional departure as part of a negotiated plea of no contest. We decline...

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