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STATE v. RUSSELL

0402-31058; A125050.

134 P.3d 1111 (2006)

205 Or. App. 561

STATE of Oregon, Respondent, v. Allen Royce RUSSELL, Appellant.

Court of Appeals of Oregon.

Decided May 3, 2006.

Attorney(s) appearing for the Case

Jay Edwards filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Willians, Solicitor General, and Erika L. Hadlock, Assistant Solicitor General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and EDMONDS, Judge.

PER CURIAM.

After a jury trial, defendant was convicted of one count of theft in the first degree (receiving) and one count of theft in the first degree. The trial court merged the convictions for purposes of sentencing and imposed a 21-month sentence, which was an upward durational departure from 13 months, the presumptive sentence under ORS 137.717 (repeat property offender). The departure was based on defendant's persistent...

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