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STATE v. TOLEDO

98-CR-0198-15; A105341

28 P.3d 1194 (2001)

175 Or. App. 280

STATE of Oregon, Respondent, v. Ismael Cervantes TOLEDO, Appellant.

Court of Appeals of Oregon.

Decided July 5, 2001.

Attorney(s) appearing for the Case

David E. Groom, State Public Defender, and Monica L. Finch, Deputy Public Defender, filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Douglas F. Zier, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

PER CURIAM.

Defendant was convicted on multiple charges of assault and other offenses arising out of an incident in which he injured several individuals while driving under the influence of intoxicants. On appeal, he challenges only the sentencing guidelines departure sentence imposed on one count of third-degree assault, ORS 163.165, asserting that the trial court erroneously found several factors to support a departure sentence. The state agrees that at least one...

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