STATE v. BYRD

03CR0366FE, A121962.

149 P.3d 329 (2006)

209 Or. App. 803

STATE of Oregon, Respondent, v. Roy Wayne BYRD, Appellant.

Court of Appeals of Oregon.

Decided December 13, 2006.


Attorney(s) appearing for the Case

James N. Varner, Dundee, 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 EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.


PER CURIAM.

After a trial to a jury, defendant was convicted of felon in possession of a firearm, ORS 166.270, resisting arrest, ORS 162.315, and unauthorized use of a vehicle, ORS 164.135. On the conviction for felon in possession of a firearm, the court imposed an upward departure sentence of 36 months' imprisonment based on its finding that defendant had been persistently involved in similar offenses. The court imposed a dispositional departure sentence of 13 months...

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