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STATE v. MORALES

01C-53774; A119510.

84 P.3d 1127 (2004)

192 Or. App. 355

STATE of Oregon, Respondent, v. Esteban Luz MORALES, Appellant.

Court of Appeals of Oregon.

Decided February 25, 2004.

Attorney(s) appearing for the Case

Louis R. Miles, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter A. Ozanne, Executive Director, Office of Public Defense Services.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

ORTEGA, J.

Defendant appeals from a judgment of conviction on two counts of attempted aggravated murder, arguing that the trial court erred in imposing a departure sentence of 230 months on one of those convictions. The trial court based its decision to impose an upward departure sentence on its findings of seven aggravating factors. Defendant challenges each of those factors. The state concedes that the trial court erred in concluding that defendant's status as a...

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