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STATE v. SKANES

Nos. 04CR0444, A126333.

157 P.3d 303 (2007)

212 Or. App. 169

STATE of Oregon, Plaintiff-Respondent, v. Wesley David SKANES, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 18, 2007.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Ernest G. Lannet, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Doug M. Petrina, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

EDMONDS, P.J.

Defendant appeals a conviction for possession of a controlled substance, former ORS 475.992(4)(b), renumbered as ORS 475.840(3)(b) (2005). On appeal, he assigns as error the imposition of a dispositional departure sentence after he entered a plea of no contest. He argues that (1) the trial court could not lawfully impose an upward dispositional departure sentence based on his persistent involvement in criminal activities unrelated to the...

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