9506-34290; CA A91957.

933 P.2d 973 (1997)

146 Or. App. 638

STATE of Oregon, Respondent, v. Darrell FERRELL, Appellant.

Court of Appeals of Oregon.

Decided March 5, 1997.

Attorney(s) appearing for the Case

David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. On the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Judith Brant, Assistant Attorney General.



Defendant was convicted of unauthorized use of a motor vehicle. ORS 164.135. Under Sentencing Guidelines grid block 3E, his presumptive sentence was 24 months probation. The sentencing court found aggravating factors and sentenced defendant to 24 months imprisonment. Defendant concedes that the sentencing court could lawfully depart from the presumptive sentence of probation and impose a prison term of 12 months. He challenges the additional 12 months...

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