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STATE v. BENNETT

081205; A143290.

277 P.3d 586 (2012)

249 Or. App. 379

STATE of Oregon, Plaintiff-Respondent, v. Donald A. BENNETT, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 18, 2012.

Attorney(s) appearing for the Case

Rankin Johnson IV , Portland, argued the cause and filed the brief for appellant.

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

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge. SERCOMBE, J.

SERCOMBE, J.

Defendant appeals a judgment of conviction for second-degree escape, ORS 162.155. He contends that the trial court erred in imposing an upward departure sentence of 50 months' imprisonment and 12 months' post-prison supervision based on the aggravating factor that he had committed burglary while he was on escape status. Specifically, he argues that the court was precluded, as a matter of law, from considering conduct that occurred after his escape in...

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