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STATE v. GALLINO

20-03-16607; A124009.

124 P.3d 1294 (2005)

203 Or. App. 539

STATE of Oregon, Respondent, v. Joseph Lavern GALLINO, 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 Joshua B. Crowther, 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.

PER CURIAM.

Defendant was convicted of felony violating a court's stalking protective order. ORS 163.750(2)(b)(B). The trial court imposed an upward durational departure sentence based on findings that defendant was on probation at the time of the offense, that there had been repeated victimization of the same victim, that there was persistent involvement in similar offenses, and that the harm to the victim was greater than typical. On appeal, defendant challenges...

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