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STATE v. COLLINS

20-02-00204, 21-00-15918; A119343 (Control), A119344.

124 P.3d 1291 (2005)

203 Or. App. 456

STATE of Oregon, Respondent, v. Patrick Carlyle COLLINS III, 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 Monica L. Finch, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Christina M. Hutchins, Assistant Attorney General, filed the brief for respondent.

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

LANDAU, P.J.

Defendant was convicted of felony driving under the influence of intoxicants, ORS 813.010(5). The trial court imposed an upward durational departure sentence, based on defendant's failure to appear at an earlier sentencing hearing and a finding that defendant was on probation at the time of the offense. The trial court found that either of the factors was sufficient to support departure. On appeal, defendant challenges only the sentence, arguing that...

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