Court of Appeals of Oregon July 28, 2010, C080467CR; A138799 (State v. Boitz)

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WOLLHEIM, P. J.

Defendant challenges the trial court’s imposition of a departure sentence on his conviction of first-degree burglary.

1

ORS 164.225. The trial court found substantial and compelling reasons to impose the departure sentence based on its firiding of two enhancement facts: (1) that prior criminal sanctions failed to deter defendant from reoffending; and (2) that defendant