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STATE v. WESTCOTT

Nos. C941673CR; CA A87254.

912 P.2d 400 (1996)

139 Or. App. 374

STATE of Oregon, Respondent, v. Steven Duane WESTCOTT, Appellant.

Court of Appeals of Oregon.

Decided February 28, 1996.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Deputy Public Defender, argued the cause, for appellant. With her on the brief was Sally L. Avera, Public Defender.

Paula Johnson Lawrence, Assistant Attorney General, argued the cause, for respondent. With her on the brief was Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Defendant appeals the departure sentence imposed after he pled guilty to a charge of manslaughter in the second degree, arising from a vehicle accident in which defendant was driving while intoxicated.1 We affirm.

Defendant had four prior convictions for driving under the influence of intoxicants (DUII). OAR 253-04-009 provides:

"If the current crime of conviction is for * * * ORS 163.125 Manslaughter...

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