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STATE v. MITCHELL

03CR1988; A124651.

138 P.3d 60 (2006)

206 Or. App. 586

STATE of Oregon, Respondent, v. Thurman Michael MITCHELL, Appellant.

Court of Appeals of Oregon.

Decided June 28, 2006.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Bronson D. James, 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.

PER CURIAM.

After a trial to a jury, defendant was convicted of attempted burglary in the first degree, ORS 161.405; ORS 164.225, menacing, ORS 163.190, and telephonic harassment, ORS 166.090. On the conviction for attempted burglary, the trial court imposed an upward durational departure sentence of 32 months' imprisonment and 24 months' post-prison supervision based on its finding that defendant had been persistently involved in similar offenses. On appeal, defendant...

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