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STATE v. BROWN

030917; A125121.

198 P.3d 953 (2008)

224 Or. App. 580

STATE of Oregon, Plaintiff-Respondent, v. Jarrod Raymond BROWN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 24, 2008.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, Paul L. Smith, Assistant Attorney-in-Charge, Criminal Appeals, for respondent.

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

WOLLHEIM, P.J.

This case returns to us on remand from the Supreme Court. State v. Brown, 344 Or. 670, 189 P.3d 25 (2008). After a trial to the jury, defendant was convicted of two counts of sodomy in the first degree. ORS 163.405. The court sentenced defendant and imposed an upward departure sentence. On appeal, defendant argues that the upward departure was erroneous because it was based on...

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