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STATE v. CROCKER

05C46614; A129507.

174 P.3d 1129 (2007)

217 Or. App. 238

STATE of Oregon, Plaintiff-Respondent, v. Clinton James CROCKER, 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 was convicted after a jury trial of first-degree sodomy, ORS 163.405, appeals, challenging the imposition of an upward departure sentence. He argues that the aggravating factors on which the trial court predicated the upward departure sentence — "prior criminal justice sanctions have not deterred defendant" and "defendant has a history of institutional or prison disciplinary problems" — are unconstitutionally vague. We reject...

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