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STATE v. RAMIREZ

03C52243; A123501.

147 P.3d 351 (2006)

209 Or. App. 238

STATE of Oregon, Respondent, v. Jose Ramon RAMIREZ, Appellant.

Court of Appeals of Oregon.

Decided November 8, 2006.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Ernest G. Lannet, Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. Jose R. Ramirez filed the supplemental brief pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Douglas F. Zier, Assistant Attorney General, filed the briefs for respondent.

Before EDMONDS, Presiding Judge, and ARMSTRONG and WOLLHEIM, Judges.

PER CURIAM.

Following a jury trial, defendant was convicted of two counts of unlawful sexual penetration in the first degree, ORS 163.411, and four counts of sexual abuse in the first degree, ORS 163.427. At sentencing, the trial court counted those convictions toward defendant's criminal history for purposes of calculating his presumptive sentence. The trial court also imposed an upward durational departure sentence on defendant's conviction for one count of unlawful...

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