STATE v. ENGERSETH

09CR0465; A144351.

299 P.3d 567 (2013)

255 Or. App. 765

STATE of Oregon, Plaintiff-Respondent, v. Jeffrey Carl ENGERSETH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 27, 2013.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Jedediah Peterson , Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant. Jeffrey C. Engerseth filed the supplemental brief pro se.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Doug M. Petrina , Senior Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and EDMONDS, Senior Judge.


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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