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STATE v. HIGGINS

A158720.

383 P.3d 1003 (2016)

282 Or.App. 66

STATE of Oregon, Plaintiff-Respondent, v. Patrick Gary HIGGINS, aka Elmer Douglas Chobo, Defendant-Appellant.

Court of Appeals of Oregon.

November 2, 2016.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Eric Johansen, Deputy Public Defender, Office of Public Defense Services, filed the opening brief for respondent. Patrick Higgins filed a supplemental brief pro se.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Rolf C. Moan, Assistant Attorney General, filed the brief for respondent.

Before Duncan, Presiding Judge, and DeVore, Judge, and Garrett, Judge.

Defendant appeals the trial court's judgment of conviction and sentence, assigning error to the trial court's imposition of an upward departure sentence and a $2,000 compensatory fine. We reject defendant's challenge to the upward departure sentence without written discussion, and we write only to address his challenge to the compensatory fine...

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