STATE v. DIMMICK

11040566; A149106.

287 P.3d 1180 (2012)

252 Or. App. 359

STATE of Oregon, Plaintiff-Respondent, v. Andrew Hamilton DIMMICK, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 19, 2012.


Attorney(s) appearing for the Case

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

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Doug M. Petrina , Senior Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


PER CURIAM.

Defendant was convicted of fleeing or attempting to elude a police officer, ORS 811.540(1)(b)(A). At sentencing, the trial court orally imposed the presumptive 18-month probationary term for that felony offense. In the written judgment that followed, however, the court imposed a 24-month probationary term. On appeal, defendant contends that the correct term was 18 months because the court did not make any findings to support an upward departure from the...

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