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STATE v. SMITH

03C-42765; A122446.

129 P.3d 208 (2006)

204 Or. App. 113

STATE of Oregon, Respondent, v. Michael Benjamin SMITH, Appellant.

Court of Appeals of Oregon.

Decided February 1, 2006.

Attorney(s) appearing for the Case

Susan Fair Drake, Senior Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Susan G. Howe, 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 EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

PER CURIAM.

Defendant was convicted of second-degree assault, ORS 163.175, and third-degree robbery, ORS 164.395. On the conviction for second-degree assault, he was sentenced to 70 months' imprisonment and 36 months' post-prison supervision. On the conviction for third-degree robbery, he received an upward departure sentence of 26 months' imprisonment and 24 months' post-prison supervision. He challenges both his convictions and sentences. We reject without discussion...

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