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STATE v. HARDING

970432879; A133051.

193 P.3d 1055 (2008)

222 Or. App. 415

STATE of Oregon, Plaintiff-Respondent, v. Isaac S. HARDING, true name Isaac S. Harden, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 1, 2008.

Attorney(s) appearing for the Case

Robin A. Jones, Senior Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Jamie Contreras argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General.

Before ROSENBLUM, Presiding Judge, and BREWER, Chief Judge, and RICHARDSON, Senior Judge.

BREWER, C.J.

In 1999, defendant was convicted after a jury trial of one count of attempted murder, ORS 163.115, ORS 161.405, and one count of second-degree assault, ORS 163.175. The trial court imposed an upward departure sentence of 144 months' imprisonment for the attempted murder conviction based on its findings of departure factors, and a concurrent mandatory minimum sentence of 70 months for the assault. This court affirmed without opinion in 2002, and the Oregon...

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