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STATE v. NEWKIRK

A174096.

509 P.3d 757 (2022)

319 Or. App. 131

STATE of Oregon, Plaintiff-Respondent, v. Robert Benbear NEWKIRK, Defendant-Appellant.

Court of Appeals of Oregon.

April 20, 2022.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Kristin A. Carveth, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jon Zunkel-Decoursey, Assistant Attorney General, filed the brief for respondent.

Before Mooney, Presiding Judge, and Lagesen, Chief Judge, and Kistler, Senior Judge.

Defendant appeals a judgment of conviction for one count of attempted assault in the first degree, ORS 163.185 and ORS 161.405 (Count 1), and one count of criminal mischief in the second degree, ORS 164.354 (Count 2). The court imposed an upward departure sentence of 90 months' incarceration on Count 1, finding that the state had...

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