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STATE v. PALMER

CR0301334; A125283.

118 P.3d 853 (2005)

STATE of Oregon, Respondent, v. Charles Clifton PALMER, 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 Shawn Wiley, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, filed the brief for respondent.

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

LANDAU, P.J.

Defendant was convicted of assault in the fourth degree. ORS 163.160. The trial court imposed an upward durational departure sentence, based on a finding of persistent involvement in similar offenses. The court also ordered under ORS 137.750 and ORS 137.752 that defendant not be considered for early release or sentence reduction for the first 36 months of the sentence.

On appeal, defendant challenges...

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