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STATE v. JACOBS

0012-39506; A118804.

117 P.3d 290 (2005)

200 Or. App. 665

STATE of Oregon, Respondent, v. Mathew JACOBS, aka Mathew Raymond Jacobs, aka John Carluck, Appellant.

Court of Appeals of Oregon.

Decided July 27, 2005.

Attorney(s) appearing for the Case

Erin G. Rohr filed the briefs for appellant. With her on the reply brief was Chilton, Ebbert & Rohr, LLC.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and David J. Amesbury, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ARMSTRONG, Judge, and DEITS, Judge pro tempore.

ARMSTRONG, J.

Defendant appeals a judgment of conviction and sentence for two felony and two misdemeanor crimes. The sentence for one of the felonies—unlawful use of a weapon, ORS 166.220—included a durational departure to a prison term of 36 months, even though the trial court originally had announced that it was going to impose a sentence on that charge of 18 months, without a durational departure. Defendant argues that the sentence imposed in the...

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