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STATE v. BROWN

C9112-36499; CA A76495.

888 P.2d 1071 (1995)

132 Or.App. 443

STATE of Oregon, Respondent, v. Alvin Harold BROWN, Appellant.

Court of Appeals of Oregon.

Decided January 25, 1995.

Attorney(s) appearing for the Case

Eric R. Johansen, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, 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 DEITS and EDMONDS, JJ.

DEITS, Judge.

Defendant was convicted of theft in the first degree. ORS 164.055. Under grid block 4-A, his presumptive sentence was 10 months of imprisonment; however, the sentencing court found an aggravating factor and imposed a departure sentence of 20 months of imprisonment. Defendant challenges that sentence, arguing that the aggravating factors cited by the court do not constitute substantial and compelling reasons...

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