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STATE v. TALAMANTES

C93-04-32815; CA A81217.

894 P.2d 1182 (1995)

134 Or. App. 166

STATE of Oregon, Respondent, v. Dario TALAMANTES Tn: Francisco Renteria-Aguirre, Appellant.

Court of Appeals of Oregon.

Decided April 26, 1995.

Attorney(s) appearing for the Case

Hari Nam S. Khalsa, Salem, argued the cause for appellant. On the brief were Sally L. Avera, Public Defender, and Ingrid A. MacFarlane, Deputy Public Defender.

Stephanie S. Andrus, Salem, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Defendant appeals from the imposition of an upward dispositional departure sentence. We remand for resentencing.

Defendant, an illegal alien, was convicted of delivery and possession of a controlled substance, ORS 475.992(1) and (4), while he was on post-prison supervision. Before his present conviction, defendant had been convicted of first degree burglary, ORS 164.225, first degree theft, ORS 164.055, and delivery of a controlled substance...

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