STATE v. HOLLINGQUEST

001239972; A138972.

250 P.3d 366 (2011)

241 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Dasay LaMonte HOLLINGQUEST, aka Dasay LaMonte Hollinquest, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 23, 2011.


Attorney(s) appearing for the Case

Mary M. Reese , Senior Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services. Dasay LaMonte Hollingquest filed the supplemental brief pro se.

Doug M. Petrina , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before BREWER, Chief Judge, and GILLETTE, Senior Judge.


BREWER, C.J.

Defendant, who was convicted of first-degree manslaughter, ORS 163.118, and felon in possession of a firearm, ORS 166.270, argues that the trial court erred in failing to appropriately resentence him after a previous remand by this court. As explained below, we agree with defendant and remand for resentencing.

Defendant originally was sentenced in 2002. The trial court imposed an upward departure sentence of 240 months' imprisonment on the manslaughter...

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