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STATE v. STEELE

20-02-11109; A119204.

134 P.3d 1054 (2006)

205 Or. App. 469

STATE of Oregon, Respondent, v. Jeffrey Allen STEELE, Appellant.

Court of Appeals of Oregon.

Decided May 3, 2006.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Jennelle Meeks Barton, Deputy Defender, Office of Public Defense Services, filed the briefs for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent.

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

LANDAU, P.J.

Following a jury trial, defendant was convicted of burglary in the first degree, ORS 164.225. The trial court imposed an upward durational departure sentence of 68 months' imprisonment and ordered that defendant not be considered for sentence modification programs, ORS 137.750. On appeal, defendant argues that the trial court erred by refusing to give a requested jury instruction, by imposing the departure sentence...

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