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STATE v. JETLAND

0202-30954; A119739.

103 P.3d 642 (2004)

196 Or. App. 704

STATE of Oregon, Respondent, v. Leonard John JETLAND, Appellant.

Court of Appeals of Oregon.

Decided December 29, 2004.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Tammy W. Sun, Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jill Smith, Assistant Attorney General, filed the briefs for respondent.

Before LANDAU, Presiding Judge, and ARMSTRONG, Judge, and DEITS, Judge pro tempore.

LANDAU, P.J.

Defendant was convicted of two counts of unlawful use of a weapon, ORS 166.220, and two counts of menacing, ORS 163.190. The trial court imposed an upward dispositional departure sentence on defendant's first unlawful use of a weapon conviction based on the departure factors that defendant was on supervision at the time of the crime and that he failed to benefit from supervision. The court imposed an upward durational departure sentence on the second...

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