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STATE v. HOWELL

C002670CR; A115558.

136 P.3d 1138 (2006)

206 Or. App. 515

STATE of Oregon, Respondent, v. Donald Lee HOWELL, Appellant.

Court of Appeals of Oregon.

Decided June 14, 2006.

Attorney(s) appearing for the Case

Andrew S. Chilton argued the cause for appellant. With him on the brief was Chilton, Ebbett & Rohr, LLC.

Carolyn Alexander, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and MITCHELL, Judge pro tempore.

PER CURIAM.

After a trial to a jury, defendant was convicted of two counts of first-degree arson, ORS 164.325, and one count of first-degree criminal mischief, ORS 164.365. The trial court imposed an upward durational departure sentence on one of the arson convictions, based on its findings that the crime involved a "threat of actual violence" and that defendant had a history of "persistent involvement in similar offenses." The court also imposed a dispositional departure...

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