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STATE v. LANTZSCH

041032; A124649.

124 P.3d 1287 (2005)

203 Or. App. 470

STATE of Oregon, Respondent, v. Alexander Wolfgang LANTZSCH, Appellant.

Court of Appeals of Oregon.

Decided December 28, 2005.

Attorney(s) appearing for the Case

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

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Erika L. Hadlock, Assistant Solicitor General, filed the brief for respondent.

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

LANDAU, P.J.

Defendant was convicted of possession of a controlled substance in the second degree, ORS 475.992, and possession of one ounce of marijuana or less near a school, ORS 475.999. The trial court imposed an upward departure sentence, based on a finding that defendant was on probation at the time of the offense and a finding of persistent involvement in similar offenses. The trial court also found that either of the factors was sufficient to support a departure...

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