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STATE v. POWELL

No. 20-03-01146; A121819.

120 P.3d 1225 (2005)

202 Or. App. 219

STATE of Oregon, Respondent, v. Clovis Dean POWELL, Appellant.

Court of Appeals of Oregon.

Decided October 12, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Rebecca Duncan, Chief Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Janet A. Klapstein, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

PER CURIAM.

Defendant was convicted of attempting to elude a police officer, ORS 811.540, reckless driving, ORS 811.140, two counts of third-degree assault, ORS 163.165, second-degree criminal mischief, ORS 163.364, possession of a controlled substance, ORS 475.992, and resisting arrest, ORS 162.315. The trial court imposed departure sentences for a number of the offenses, based on a finding of persistent involvement in similar offenses. Defendant argues that, under...

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