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MARKWOOD v. RENARD

01C-34354, 01C-55059, 02C-48280; A120642 (Control), A120643, A120644.

125 P.3d 39 (2005)

203 Or. App. 145

Sandi MARKWOOD, Petitioner below, v. Todd RENARD, Respondent below. State of Oregon, Respondent, v. Todd Renard, Appellant. State of Oregon, Respondent, v. Todd Renard, Appellant.

Court of Appeals of Oregon.

Decided December 14, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, and Tammy W. Sun, Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

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

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

In these three consolidated cases, defendant was convicted of numerous offenses, including two counts of felony assault in the fourth degree in Case No. 02C-48280. On the first count, the trial court imposed a dispositional departure sentence based on the fact that "prior probations have not deterred criminal behavior in this case." The trial court imposed a dispositional departure on the second count based on the facts that defendant was "on supervised...

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