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STATE v. GEORGE

92-4034-C-2; CA A80163.

873 P.2d 468 (1994)

127 Or. App. 581

STATE of Oregon, Respondent, v. Tom McNeil GEORGE, Appellant.

Court of Appeals of Oregon.

Decided April 27, 1994.

Review Denied June 28, 1994.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Timothy A. Sylwester, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Pursuant to plea negotiations, defendant pled guilty to assault in the second degree, felony driving while suspended, unlawful possession of a firearm and driving under the influence of intoxicants. ORS 163.175; ORS 811.182; ORS 166.250; ORS 813.010. He appeals from the departure sentence of 69 months incarceration.

Defendant was originally charged by a seven count indictment. Under the agreement, the state dismissed three charges and another...

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