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STATE v. HERNANDEZ

020432605; A120433.

113 P.3d 437 (2005)

199 Or. App. 566

STATE of Oregon, Respondent, v. Alfredo HERNANDEZ, aka Alfredo Hernandez-Sanchez, Appellant.

Court of Appeals of Oregon.

Decided May 18, 2005.

Attorney(s) appearing for the Case

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

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Douglas F. Zier, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ARMSTRONG, Judge, and BREITHAUPT, Judge pro tempore.

LANDAU, P.J.

Defendant appeals a judgment of conviction for possession of a controlled substance. ORS 475.992(4)(a). He advances two assignments of error: (1) the trial court erred in denying his motion to suppress evidence obtained during a traffic stop; and (2) the trial court erred in imposing a departure sentence based on facts not proved to a jury. We reject the first assignment, but conclude that the second is well...

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