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STATE v. RICHARDSON

A165406.

444 P.3d 1147 (2019)

298 Or. App. 686

STATE of Oregon, Plaintiff-Respondent, v. Brian Lee RICHARDSON, Defendant-Appellant.

Court of Appeals of Oregon.

July 31, 2019.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Laura E. Coffin , Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Emily P. Seltzer , Deputy Public Defender, Office of Public Defense Services, filed the supplemental brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Timothy A. Sylwester , Assistant Attorney General, filed the briefs for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Among other convictions, defendant was convicted of strangulation and fourth-degree felony assault for which the trial court imposed upward durational departure sentences of 60 months' imprisonment and 24 months' post-prison supervision, totaling 84 months for each conviction. Defendant argues on appeal that, because the terms exceed the statutory...

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