STATE v. SPENCER

No. 02C-43118; A122719.

125 P.3d 849 (2005)

203 Or. App. 463

STATE of Oregon, Respondent, v. Mark Jason SPENCER, 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 Jennelle Meeks Barton, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent.

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


LANDAU, P.J.

Defendant was convicted of unauthorized use of a vehicle, ORS 164.135. The trial court imposed a durational departure sentence, based on findings that defendant was on parole at the time of the offense, that defendant's criminal history was not reflected in his criminal history score, that prior sanctions had been ineffective in deterring defendant's criminal behavior, and that defendant had been persistently involved in similar offenses. The trial court...

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