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STATE v. FERGUSON

Nos. 99C55359, A109630.

27 P.3d 176 (2001)

175 Or. App. 278

STATE of Oregon, Appellant, v. Bradley Allan FERGUSON, Respondent.

Court of Appeals of Oregon.

Decided July 5, 2001.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, filed the brief for respondent.

Carla M. French and Ferder, Casebeer & French, LLP, Salem, filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

PER CURIAM.

The state appeals from a judgment imposing an 18 month dispositional departure sentence of imprisonment for the crime of escape in the second degree, ORS 162.155, and then suspending the execution of that 18 month sentence and placing defendant on probation for a period of 60 months. The state argues that, under the sentencing guidelines, the court had the authority either to sentence defendant to a prison term as a dispositional departure sentence or...

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