PER CURIAM.
After a trial to a jury, defendant was convicted of first-degree burglary, ORS 164.225, criminal conspiracy, ORS 161.450, and tampering with physical evidence, ORS 162.295. On the burglary conviction, the court imposed an upward departure sentence of 75 months' imprisonment based on its finding that defendant was on supervision at the time of the offense.
On appeal, defendant argues that the departure sentence violates the Sixth Amendment under...
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