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STATE v. LOPEZ-DANIEL

03C47372; A123459.

142 P.3d 552 (2006)

207 Or. App. 643

STATE of Oregon, Respondent, v. Olegario LOPEZ-DANIEL, Appellant.

Court of Appeals of Oregon.

Decided September 6, 2006.

Attorney(s) appearing for the Case

Erin G. Rohr filed the brief for appellant. With her on the brief was Chilton, Ebbett & Rohr, LLC.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and LINDER, Judge, and DEITS, Judge pro tempore.

PER CURIAM.

After a trial to a jury, defendant was convicted of first-degree manslaughter, third-degree assault, and driving under the influence of intoxicants. On the conviction for manslaughter, the court imposed a Measure 11 sentence of 120 months. On the convictions for the two counts of third-degree assault, the court imposed upward dispositional departure sentences of 12 months' imprisonment based on its findings that the injury to the victim was more aggravated...

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