STATE v. BITTNER

9907-35238; A109428.

123 P.3d 380 (2005)

202 Or. App. 655

STATE of Oregon, Respondent, v. Robert Jeffery BITTNER, Appellant.

Court of Appeals of Oregon.

Decided November 16, 2005.


Attorney(s) appearing for the Case

David E. Groom, State Public Defender, and Louis R. Miles, Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. Louis R. Miles filed the supplemental brief.

Robert Jeffery Bittner filed the supplemental brief pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jennifer S. Lloyd, Attorney-In-Charge, Collateral Remedies and Capital Appeals, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.


PER CURIAM.

Defendant was convicted of second-degree assault and received an upward departure sentence of 100 months' imprisonment and 20 months' post-prison supervision. The court also ordered restitution in the amount of $2,538.33. On appeal, defendant challenges both his conviction and sentence. We reject defendant's challenges to his conviction without discussion.

With respect to his sentence, defendant argues that the court's upward departure was erroneous...

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