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STATE v. POWELL

200301146; A143632.

288 P.3d 999 (2012)

253 Or. App. 185

STATE of Oregon, Plaintiff-Respondent, v. Clovis Dean POWELL, aka Clovis D. Powell, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 24, 2012.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Deputy Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Timothy A. Sylwester , 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 SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Defendant was convicted of seven felony and misdemeanor offenses after his attempt to elude police officers in a high-speed car chase. He challenges his sentence for his conviction for unlawful possession of a controlled substance (Count 6) on two grounds: (1) the sentence is indeterminate or excessive, in violation of OAR 213-005-0002(4), and (2) the trial court failed to follow the shift-to-column-I rule, OAR 213-012-0020(2)(a)(B), in setting a consecutive...

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