STATE v. HUMBERT

02C-50561; A124690.

125 P.3d 1280 (2006)

203 Or. App. 614

STATE of Oregon, Respondent, v. Dwayne Allen HUMBERT, Appellant.

Court of Appeals of Oregon.

Decided January 4, 2006.


Attorney(s) appearing for the Case

Jason E. Thompson, Salem, and Ferder Casebeer & French LLP filed the brief for appellant.

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

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


PER CURIAM.

Defendant appeals from a conviction for six counts of sodomy in the first degree, ORS 163.405. The trial court imposed upward departure sentences on the fourth, fifth, and sixth counts, based on findings that defendant engaged in persistent involvement in similar offenses, the victim was particularly vulnerable, and defendant had caused permanent injury to the victim. On appeal, defendant challenges only the sentences for those counts, arguing that, under...

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