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STATE v. GUYETTE

070632941; A139806.

243 P.3d 1216 (2010)

239 Or. App. 304

STATE of Oregon, Plaintiff-Respondent, v. Christopher L. GUYETTE, aka Christopher Lee Guyette, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 1, 2010.

Attorney(s) appearing for the Case

Bear Wilner-Nugent , Portland, argued the cause and filed the brief for appellant.

Michael R. Washington, Sr. 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 SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant appeals a judgment convicting him of a number of crimes. In his sole assignment of error, defendant contends that the trial court erred in imposing an upward departure sentence on his conviction for second-degree kidnapping. Pursuant to ORS 136.765, the state provided notice of its intent to rely on enhancement facts to increase defendant's sentence.1 However, defendant asserts that the "trial court lacked the authority...

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