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STATE v. SAWATZKY

0003-32189, 0009-37299; A116857 (Control), A117424.

96 P.3d 1288 (2004)

195 Or.App. 159

STATE of Oregon, Respondent, v. Sylvia Marie SAWATZKY, Appellant.

Court of Appeals of Oregon.

Decided September 8, 2004.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Salem, argued the cause and filed the brief for appellant.

Rolf C. Moan, 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 WOLLHEIM, Judges.

HASELTON, P.J.

Defendant appeals, challenging upward departure sentences imposed in two cases that are consolidated for appeal, Case Nos. A116857 and A117424. Defendant's sentences, some of which are concurrent and some of which are consecutive, add up to a total period of incarceration of 88 months. Defendant makes three principal arguments: First, the trial court erred in relying on "abuse of trust" as a sentencing factor to support certain departure sentences in...

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