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STATE v. CRESCENCIO-PAZ

0108-35851; A118605.

103 P.3d 666 (2004)

196 Or. App. 655

STATE of Oregon, Appellant-Cross-Respondent, v. Sergio CRESCENCIO-PAZ, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided December 29, 2004.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Rankin Johnson IV, Deputy Public Defender, argued the cause for respondent-cross-appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before EDMONDS, Presiding Judge, and LANDAU and SCHUMAN, Judges.

EDMONDS, P.J.

The state appeals defendant's sentence on his conviction of robbery in the second degree, arguing that the trial court erred in imposing a downward departure sentence under ORS 137.712 without making findings as to whether defendant was disqualified from a departure sentence under the criteria set forth in paragraph (2)(d). On cross-appeal, defendant appeals his conviction, contending that the trial court improperly denied his motion to suppress evidence...

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