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STATE v. WAAGE

(97-1026; CA A101986)

981 P.2d 333 (1999)

160 Or. App. 156

STATE of Oregon, Appellant, v. David Paul WAAGE, Respondent.

Court of Appeals of Oregon.

April 28, 1999.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Kevin T. Lafky argued and cause and filed the brief for respondent.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

De MUNIZ, P.J.

The state appeals from a judgment imposing downward departure sentences of probation under the sentencing guidelines on defendant's four convictions for using a child in a display of sexually explicit conduct, ORS 163.670,1 and one conviction for attempted second degree rape, ORS 163.365(1). The state argues that evidence in the record does not support the trial court's finding...

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