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STATE v. ESPITIA-ARREQUIN

03C-40086; A121564.

118 P.3d 833 (2005)

STATE of Oregon, Respondent, v. Jorge ESPITIA-ARREQUIN, aka Jose Garcia-Perez, aka Jose Garcia Perez, Appellant.

Court of Appeals of Oregon.

Decided August 31, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Walter J. Ledesma, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Christina M. Hutchins, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

Defendant was convicted of assault in the third degree, ORS 163.165, and driving under the influence of intoxicants, ORS 813.010. On the assault conviction, the trial court imposed an upward dispositional departure based on a finding of persistent involvement and a durational departure based on, among other things, multiple victims. On appeal, defendant challenges only that departure sentence, arguing that, under...

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