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STATE v. McFADDEN

060004; A132152.

193 P.3d 31 (2008)

222 Or. App. 316

STATE of Oregon, Plaintiff-Respondent, v. Danny Donnell McFADDEN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 10, 2008.

Attorney(s) appearing for the Case

Mary M. Reese, Salem, filed the opening brief and a supplemental brief for appellant.

Danny D. McFadden filed a supplemental brief pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Tiffany Keast, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and CARSON, Senior Judge.

PER CURIAM.

Defendant, who was convicted of several offenses, including felony driving under the influence of intoxicants, ORS 813.010, argues on appeal that the trial court erred in several respects in imposing his sentence on the conviction for driving under the influence. In particular, defendant argues that (1) one of the factors found by the jury on which the court relied in imposing an upward departure sentence was not a proper consideration in the present case...

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