State v. Kennedy

Defendant appeals from the sentence imposed after he was convicted of first degree burglary. His grid block placement was 8 C with a presumptive range of 29 to 34 months imprisonment. The sentencing court imposed an upward departure sentence of 60 months. We affirm.

Defendant argues that the trial court relied solely on the aggravating factor of persistent involvement in similar offenses. OAR 253-08-002(l)(b)(D). He contends that that factor will not support a departure in his case. His first argument is that his prior similar offenses of robbery and burglary are reflected in his criminal…