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STATE v. EGGLESTON

A164893.

462 P.3d 314 (2020)

302 Or. App. 797

STATE of Oregon, Plaintiff-Respondent, v. Kevin Ray EGGLESTON, Defendant-Appellant.

Court of Appeals of Oregon.

March 11, 2020.

Attorney(s) appearing for the Case

Sarah Laidlaw , Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Benjamin Gutman , Solicitor General, argued the cause for respondent. Also on the brief was Ellen F. Rosenblum , Attorney General.

Before Ortega, Presiding Judge, and Powers, Judge, and Sercombe, Senior Judge.

Defendant challenges his judgment of conviction for first-degree assault. After a jury found three aggravating factors, the trial court relied on all three to impose an upward durational departure sentence without distinguishing among the factors. In his eighth assignment of error, defendant argues that the trial court erred in imposing a departure...

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