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STATE v. CORNELIUS

90CR0263, 90CR0584; CA A65063.

827 P.2d 937 (1992)

112 Or.App. 98

STATE of Oregon, Respondent, v. Thomas William CORNELIUS, Jr., Appellant.

Court of Appeals of Oregon.

Decided March 11, 1992.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant.

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

DE MUNIZ, Judge.

Defendant pled guilty to two counts of escape in the second degree, ORS 162.155, and no contest to one count of possession of a weapon by an inmate. ORS 166.275. He appeals his upward departure sentence imposed under the sentencing guidelines on the weapon conviction.1 We affirm.

Defendant argues that there were not substantial and compelling reasons to support the departure. He contends that the court based the...

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