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STATE v. FUGATE

A172847.

493 P.3d 574 (2021)

313 Or. App. 390

STATE of Oregon, Plaintiff-Respondent, v. Kyle Joseph FUGATE, Defendant-Appellant.

Court of Appeals of Oregon.

July 14, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Neil F. Byl , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Greg Rios , Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

Defendant appeals a judgment of conviction for second-degree assault and assaulting a public safety officer. He assigns error to (1) the imposition of durational departure sentences based on an aggravating factor that, defendant contends, was not alleged by the state; (2) the imposition of a 36-month post-prison supervision (PPS) term on the...

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