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STATE v. JENNICHES

00C47372; A114625

69 P.3d 771 (2003)

187 Or. App. 658

STATE of Oregon, Respondent, v. Jody Fritz JENNICHES, Appellant.

Court of Appeals of Oregon.

Decided May 15, 2003.

Attorney(s) appearing for the Case

Rebecca Duncan, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Jennifer S. Lloyd, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

BREWER, J.

Defendant pleaded no contest to 10 counts of first-degree theft by receiving. ORS 164.055. The trial court sentenced defendant under ORS 137.717(1)(c) (1997), which, because he was a repeat property offender, provided for a mandatory minimum sentence of 13 months' imprisonment on each count. Based on aggravating factors, the court imposed durational departure sentences of 26 months on three of the counts. On appeal, defendant asserts that the court erred...

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