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STATE v. ALEXANDER

090431461; A145833.

298 P.3d 55 (2013)

255 Or. App. 594

STATE of Oregon, Plaintiff-Respondent, v. Willie Dee ALEXANDER, aka Willie D. Alexander, aka William Alexander, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 13, 2013.

Attorney(s) appearing for the Case

Meredith Allen , Senior Deputy Public Defender, argued the cause for appellant. On the opening brief were Peter Gartlan , Chief Defender, and David C. Degner , Deputy Public Defender, Office of Public Defense Services. With her on the reply brief was Peter Gartlan , Chief Defender.

Rolf C. Moan , 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 ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

HASELTON, C. J.

Defendant, who was convicted of second-degree burglary, first-degree theft, and second-degree theft, contends on appeal that the trial court erred in imposing an upward durational departure sentence on the burglary conviction. In particular, he argues that, because the state failed to satisfy the notice requirements of ORS 136.765 (2009),1 the trial court was not permitted to impose a departure sentence. As explained below...

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