STATE v. LENNON

02C-46833; A122082.

129 P.3d 209 (2006)

204 Or. App. 111

STATE of Oregon, Respondent, v. Charles Kavin LENNON, aka Charles Cavin Lennon, Appellant.

Court of Appeals of Oregon.

Decided February 1, 2006.


Attorney(s) appearing for the Case

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

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Stacey RJ Guise, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.


PER CURIAM.

Defendant was convicted of delivery of a controlled substance and received an upward departure sentence of 80 months' imprisonment and 36 months' post-prison supervision. He challenges both his conviction and sentence. We reject without discussion defendant's arguments regarding his conviction.

With respect to his sentence, defendant argues that the trial court's imposition of an upward departure sentence based on its finding that "prior incarcerations...

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