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STATE v. BOITZ

C080467CR; A138799.

236 P.3d 766 (2010)

236 Or. App. 350

STATE of Oregon, Plaintiff-Respondent, v. Craig Lee BOITZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 28, 2010.

Attorney(s) appearing for the Case

Joshua B. Crowther, Senior Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Craig L. Boitz filed the brief pro se.

Doug M. Petrina, Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

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

WOLLHEIM, P.J.

Defendant challenges the trial court's imposition of a departure sentence on his conviction of first-degree burglary.1 ORS 164.225. The trial court found substantial and compelling reasons to impose the departure sentence based on its finding of two enhancement facts: (1) that prior criminal sanctions failed to deter defendant from reoffending; and (2) that defendant committed this offense while on release status from pending...

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