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STATE v. FERGUSON

000666FE; A138108.

206 P.3d 1145 (2009)

228 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. William Joel FERGUSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 29, 2009.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Salem, argued the cause and filed the brief for appellant.

Cecil A. Reniche-Smith, 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 BREWER, Chief Judge, and RIGGS, Senior Judge.

BREWER, C.J.

Defendant was convicted of delivery of a controlled substance and possession of a controlled substance, former ORS 475.992 (2003), renumbered as ORS 475.840 (2005). He appeals the trial court's judgment revoking his probation and sentencing him to incarceration terms of 21 months and six months, respectively, for those offenses. Specifically, defendant takes issue with the 21-month sentence on the conviction for delivery of a controlled...

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