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STATE v. NYQUIST

02112562; A121281.

120 P.3d 1292 (2005)

202 Or. App. 325

STATE of Oregon, Respondent, v. David Arthur NYQUIST, Appellant.

Court of Appeals of Oregon.

Decided October 19, 2005.

Attorney(s) appearing for the Case

Erin Galli Rohr and Chilton, Ebbett & Rohr, LLC, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Kathleen Cegla, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and DEITS, Judge pro tempore.

PER CURIAM.

Defendant appeals from convictions for unlawful use of a weapon, ORS 166.220, felon in possession of a firearm, ORS 166.270, and assault in the first degree with a firearm, ORS 163.185; ORS 161.610. He makes two assignments of error. First, defendant assigns error to the trial court's decision to admit certain hearsay testimony. Second, defendant assigns error to the court's imposition of an upward durational departure sentence.

We reject defendant...

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