STATE v. CALHOUN

No. 10C44232; A147097.

280 P.3d 1046 (2012)

250 Or. App. 467

STATE of Oregon, Plaintiff-Respondent, v. Anthony James CALHOUN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 13, 2012.


Attorney(s) appearing for the Case

Kenneth A. Kreuscher and Portland Law Collective, LLP filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Doug M. Petrina , Senior Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and BREWER, Judge, and DUNCAN, Judge.


PER CURIAM.

Defendant was convicted of one count each of unlawful possession of methamphetamine (Count 1) and driving under the influence of intoxicants, (Count 2). On Count 1, the trial court imposed an upward dispositional departure sentence of six months in jail with 12 months' post-prison supervision on the basis of two enhancement facts — viz., "prior sanctions not deterring [defendant's] conduct" and "the harm was potentially much greater than...

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