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STATE v. BAKER

041250; A127486.

142 P.3d 121 (2006)

207 Or. App. 516

STATE of Oregon, Respondent, v. Derrick Coe BAKER, Appellant.

Court of Appeals of Oregon.

Decided August 30, 2006.

Attorney(s) appearing for the Case

Patrick M. Ebbett and Chilton, Ebbett & Rohr, LLC, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

PER CURIAM.

Defendant was convicted of one count of felony driving under the influence of intoxicants (DUII), ORS 813.010, and one count of driving while suspended, ORS 811.182. On the DUII conviction, the trial court sentenced defendant to an upward departure sentence of 60 months' imprisonment and imposed a 24-month post-prison supervision term. On the remaining conviction, the court imposed a sentence of six months' probation. On appeal, defendant asserts that...

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