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STATE v. DREAM

20-02-10736; A119719.

121 P.3d 699 (2005)

202 Or. App. 245

STATE of Oregon, Respondent, v. Jewells DREAM, aka Troy Leon Shackelford, Appellant.

Court of Appeals of Oregon.

Decided October 19, 2005.

Attorney(s) appearing for the Case

Andrew S. Chilton argued the cause for appellant. With him on the briefs was Chilton, Ebbett & Rohr, LLC.

Rolf C. Moan, Assistant Attorney General, argued the cause for respondent. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

LANDAU, P.J.

Defendant appeals a judgment of conviction for assault in the second degree, ORS 163.175, and reckless endangerment, ORS 163.195. He contends that the trial court conducted an insufficient inquiry before requiring him to remain in ankle restraints during the trial. He also contends that the court erred in refusing to give the jury a less-satisfactory evidence instruction. And he contends that the court erred in imposing a departure sentence based on findings...

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