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STATE v. RAMIREZ

C030767CR; A123657.

133 P.3d 343 (2006)

205 Or. App. 113

STATE of Oregon, Respondent, v. Anastacio RAMIREZ, Appellant.

Court of Appeals of Oregon.

Decided April 12, 2006.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and David C. Degner, 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.

LANDAU, P.J.

Following a jury trial, defendant was convicted of one count of attempted murder, ORS 163.115, one count of assault in the first degree, ORS 163.185, and one count of unlawful use of a weapon, ORS 166.220. The trial court imposed an upward durational departure sentence on the assault conviction, based on findings that the victim was particularly vulnerable and had sustained permanent injuries and that defendant...

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