STATE v. SCHENEWERK

050533017; A130767.

174 P.3d 1117 (2007)

217 Or. App. 243

STATE of Oregon, Plaintiff-Respondent, v. Bruce Thomas SCHENEWERK, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 26, 2007.


Attorney(s) appearing for the Case

Joshua B. Crowther, Deputy Public Defender, argued the cause for appellant. On the opening brief were Ingrid Swenson, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Jamesa J. Drake, Deputy Public Defender, Office of Public Defense Services. With him on the reply brief was Peter Gartlan, Chief Defender, Legal Services Division.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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


HASELTON, P.J.

Defendant, who pleaded guilty to first-degree theft, ORS 164.055, appeals, challenging the trial court's imposition of an upward departure sentence based on defendant's "persistent involvement" in similar offenses unrelated to the current crime. See OAR 213-008-0002(1)(b)(D). He argues that the "persistent involvement" departure factor is unconstitutionally vague and, alternatively, that the evidence...

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