SERCOMBE, J.
Following a jury trial, defendant was convicted of unlawful use of a weapon, ORS 166.220, tampering with a witness, ORS 162.285, and menacing, ORS 163.190. The trial court entered a judgment that, among other things, imposed an upward departure sentence of 60 months' imprisonment for the unlawful use of a weapon conviction. The court based the departure on defendant's stipulation to the fact that he was "on supervision" when he committed the crime. After...
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