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STATE v. ROSS

03C-42873; A124283.

134 P.3d 1106 (2006)

205 Or. App. 477

STATE of Oregon, Respondent, v. Donald J. ROSS, 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, Legal Services Division, and Walter J. Ledesma, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erika L. Hadlock, Assistant Solicitor 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 one count of felon in possession of a firearm, ORS 166.270, and one count of unlawful possession of a weapon, ORS 166.272. The trial court imposed an upward durational departure sentence on both counts, based on a variety of findings, including the failure of past probation to deter defendant's criminal behavior, his failure to appear, his failure to take responsibility for his actions, and his failure...

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