STATE v. HEATH

CR02-0009A; A120233.

116 P.3d 930 (2005)

201 Or. App. 92

STATE of Oregon, Respondent, v. Joshua G. HEATH, Appellant.

Court of Appeals of Oregon.

Decided August 3, 2005.


Attorney(s) appearing for the Case

John L. Collins, Judge.

James N. Varner, Dundee, filed the briefs for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Christina M. Hutchins, Assistant Attorney General, filed the briefs for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ORTEGA, Judge.


PER CURIAM.

Defendant appeals his conviction on one count of assault in the second degree, ORS 163.175, and his upward departure sentences on two counts of criminal mistreatment in the first degree, ORS 163.205, based on the sentencing court's findings that defendant knew or had reason to know of the victim's particular vulnerability and that the offense involved a violation of public trust or professional responsibility. We reject without discussion defendant's challenge...

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