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STATE v. WILLIAMS

CR030649; A124925.

149 P.3d 171 (2006)

209 Or. App. 596

STATE of Oregon, Respondent, v. John Michael WILLIAMS, Appellant.

Court of Appeals of Oregon.

Decided December 6, 2006.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Louis R. Miles, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Kathleen Cegla, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant appeals his convictions after a trial to a jury on numerous sexual offenses following a jury trial, as well as his upward departure sentence on one count of third-degree rape, ORS 163.355. Defendant argues that the trial court erred in admitting certain evidence that was irrelevant and prejudicial and that the court erred in imposing a departure sentence based on facts not found by the jury or admitted by defendant. We reject without discussion...

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