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STATE v. DILTS

99CR0172; A106034

39 P.3d 276 (2002)

179 Or. App. 238

STATE of Oregon, Respondent, v. Randy Everett DILTS, Appellant.

Court of Appeals of Oregon.

Decided January 30, 2002.

Attorney(s) appearing for the Case

Daniel M. Carroll, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, State Public Defender.

Robert M. Atkinson, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Judge, and COLLINS, Judge pro tempore.

BREWER, J.

Defendant pleaded guilty to assault in the third degree, ORS 163.165. The trial court found that the assault was motivated in part by the victim's color and imposed an upward durational departure sentence of 36 months' imprisonment. Defendant appeals from that sentence, asserting that evidence in the record does not support the trial court's finding supporting the departure. ORS 138.222(3)(a). Defendant also asserts that imposition of the departure sentence...

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