STATE v. TEIXEIRA

100276, 100301; A146866 (Control), A146865.

313 P.3d 351 (2013)

259 Or. App. 184

STATE of Oregon, Plaintiff-Respondent, v. Ovid John TEIXEIRA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 30, 2013.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Ingrid A. MacFarlane , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Inge D. Wells , Senior Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and HASELTON, Chief Judge, and SERCOMBE, Judge.


SERCOMBE, J.

Defendant, who was convicted of one count of burglary in the first degree, ORS 164.225, and multiple counts of first- and second-degree theft, ORS 164.055; ORS 164.045, appeals, assigning error to the imposition of an upward durational departure sentence on the first-degree burglary conviction. He contends that the trial court erred in predicating that departure, in part, on the "multiple victims" enhancement factor, OAR 213-008-0002(1)(b)(G) (3/8/96...

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