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STATE v. PHILLIPS

020935355, A124805.

159 P.3d 1223 (2007)

213 Or. App. 122

STATE of Oregon, Plaintiff-Respondent, v. Kenneth Wayne PHILLIPS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 23, 2007.

Attorney(s) appearing for the Case

Daniel J. Casey argued the cause and filed the brief for appellant. Kenneth Wayne Phillips filed the supplemental brief pro se.

Susan G. Howe, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and SIMPSON, Judge pro tempore.

PER CURIAM.

After a jury trial, defendant was convicted of first-degree assault with a firearm, ORS 163.185, second-degree kidnapping, ORS 163.225, and felon in possession of a firearm, ORS 166.270. On the assault conviction, the trial court imposed a durational departure sentence of 180 months' imprisonment, based on the court's findings that defendant was on supervision at the time of the offense and that defendant had permanently injured the victim.

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