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STATE v. MUNION

20-02-18257; A121227.

118 P.3d 278 (2005)

201 Or. App. 293

STATE of Oregon, Respondent, v. Ron Earl MUNION, Appellant.

Court of Appeals of Oregon.

Decided August 17, 2005.

Attorney(s) appearing for the Case

Patrick M. Ebbett and Chilton, Ebbett & Rohr, LLC filed the briefs for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Elizabeth A. Gordon, Senior Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

Defendant was convicted on three counts of sexual abuse in the second degree, which is a Class C felony. ORS 163.425. He received an upward departure sentence of 72 months on one of the counts based in part on a finding of persistent involvement in similar offenses. Defendant makes two challenges to the upward departure sentence, both of which are well taken.

First, defendant argues that the 72-month sentence is unlawful because it exceeds the...

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