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STATE v. JERUE

CR93-103; CA A87093.

896 P.2d 613 (1995)

134 Or. App. 668

STATE of Oregon, Respondent, v. Ty El JERUE, Appellant.

Court of Appeals of Oregon.

Decided June 14, 1995.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, argued the cause for appellant. On the brief were Sally L. Avera, Public Defender, and Irene B. Taylor, Deputy 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 WARREN, P.J., and LANDAU and LEESON, JJ.

PER CURIAM.

Defendant pled guilty to third degree rape and was sentenced under gridblock 6G to a presumptive probation sentence. The trial court revoked defendant's probation after he admitted to violating one of its conditions. Over defendant's objection, the court imposed an 18-month prison sentence as a "dispositional departure."

OAR 253-10-002 provides:

"(1) For those offenders whose presumptive sentence was probation, the sentence upon...

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