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STATE v. GILES

9908-36510; A118345.

113 P.3d 436 (2005)

199 Or. App. 404

STATE of Oregon, Respondent, v. Thearone GILES, Appellant.

Court of Appeals of Oregon.

Decided May 4, 2005.

Attorney(s) appearing for the Case

Andrew S. Chilton and Chilton, Ebbett & Rohr, LLC, filed the briefs for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Rolf C. Moan, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and RASMUSSEN, Judge pro tempore.

LANDAU, P.J.

Defendant was convicted of murder, ORS 163.115, and felon in possession of a firearm, ORS 166.270. The trial court sentenced him to 300 months of incarceration. On the felon in possession count, the court departed from the presumptive sentence of probation and imposed an 18-month prison sentence based on, among other aggravating factors, the fact that "defendant has prior firearm offenses." On appeal, defendant argues that the trial court effectively...

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