STATE v. FENLON

010936459; A122070.

139 P.3d 1008 (2006)

207 Or. App. 107

STATE of Oregon, Respondent, v. Brian Scott FENLON, Appellant.

Court of Appeals of Oregon.

Decided July 26, 2006.


Attorney(s) appearing for the Case

Priscilla Maloney argued the cause and filed the brief for appellant.

Steven R. Powers, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and RASMUSSEN, Judge pro tempore.


PER CURIAM.

After a jury trial, defendant was convicted of one count each of first-degree robbery with a firearm, first-degree burglary with a firearm, second-degree robbery, second-degree assault, and felon in possession of a firearm. On the first-degree robbery conviction, the trial court imposed an upward durational departure sentence based on its own finding of, among other things, defendant's "persistent misconduct" while on supervision. The trial court also...

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