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STATE v. WILLIAMS

0308-33769; A123892.

118 P.3d 858 (2005)

STATE of Oregon, Respondent, v. Robert Lee WILLIAMS, 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 Ferry, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, and 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.

PER CURIAM.

Defendant pleaded guilty to one count of robbery in the third degree, ORS 164.395, one count of possession of a controlled substance, ORS 475.992, and one count of misdemeanor assault in the fourth degree, ORS 163.160. The trial court imposed an upward durational departure sentence on the robbery conviction, based on a finding that defendant was on supervision when he committed the offenses. On appeal, defendant challenges only the sentences, arguing that...

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