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STATE v. WEISS

03-07-33207; A123325.

124 P.3d 1293 (2005)

203 Or. App. 467

STATE of Oregon, Respondent, v. Jimmy Arthur WEISS, Jr., 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 Louis R. Miles, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Douglas F. Zier, Assistant Attorney General, filed the brief for respondent.

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

LANDAU, P.J.

Defendant was convicted of one count of unauthorized use of a vehicle, ORS 164.135, and one count of possession of a stolen vehicle, ORS 819.300. For both counts, the trial court found defendant to be subject to a repeat property offender presumptive sentence under ORS 137.717, based on his criminal history. The trial court also imposed dispositional departure sentences on both counts, based on a finding that defendant was on probation at the time of...

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