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STATE v. RIOS

C002322CR; A121823.

118 P.3d 834 (2005)

STATE of Oregon, Respondent, v. Ruben RIOS, 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 David C. Degner, 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.

LANDAU, P.J.

Defendant was convicted of, among other crimes, two counts of attempted aggravated murder, one count of attempted murder, and one count of attempted rape. The trial court merged the aggravated and attempted murder convictions into a single conviction and imposed a durational departure sentence, based on findings of deliberate cruelty and the vulnerability of the victim. The court also imposed a consecutive durational departure sentence on the attempted...

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