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STATE v. LOPEZ

03C-52460; A124441.

117 P.3d 300 (2005)

200 Or. App. 717

STATE of Oregon, Respondent, v. Jaime Ramirez LOPEZ, Appellant.

Court of Appeals of Oregon.

Decided July 27, 2005.

Attorney(s) appearing for the Case

Hari Nam S. Khalsa filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erika L. Hadlock, Assistant Solicitor General, filed the brief for respondent.

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

PER CURIAM.

Defendant was convicted of delivery of a Schedule II controlled substance, ORS 475.992, criminal conspiracy to commit delivery of a Schedule II controlled substance, ORS 475.992, and delivery of a Schedule I controlled substance, ORS 475.999. The trial court imposed an upward durational departure sentence on each conviction based on a finding of "persistent involvement in similar behavior." On appeal, defendant challenges only the sentences, arguing that...

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