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STATE v. TOTH

CR040608; A127429.

162 P.3d 317 (2007)

213 Or. App. 505

STATE of Oregon, Plaintiff-Respondent, v. Robert Cooper TOTH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 27, 2007.

Attorney(s) appearing for the Case

Andrew S. Chilton and Chilton, Ebbett & Rohr, LLC, filed the brief for appellant.

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

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

Defendant was convicted of two counts of delivery of a controlled substance (DCS), former ORS 475.992 (2003), renumbered as ORS 475.840 (2005), and two counts of possession of a controlled substance (PCS), former ORS 475.992 (2003), renumbered as ORS 475.840 (2005). The trial court imposed departure sentences on the two DCS convictions, based on the jury's findings that defendant was persistently involved in similar offenses...

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