STATE v. FANNING

04CR0143, 04CR0359; A124507 (Control), A124508.

138 P.3d 61 (2006)

206 Or. App. 584

STATE of Oregon, Respondent, v. Kevin Raye FANNING, Appellant. State of Oregon, Respondent, v. Kevin Raye Fanning, 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, among other offenses, one count of second-degree burglary, ORS 164.215. The court imposed an upward dispositional and durational departure sentence of 12 months' imprisonment and 12 months' post-prison supervision on the burglary conviction, based on its findings that defendant was on probation at the time of the offense and that defendant had "completely avoided efforts to rehabilitate himself." On...

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