State v. Cornelius

Defendant pled guilty to two counts of escape in the second degree, ORS 162.155, and no contest to one count of possession of a weapon by an inmate. ORS 166.275. He appeals his upward departure sentence imposed under the sentencing guidelines on the weapon conviction. We affirm.

Defendant argues that there were not substantial and compelling reasons to support the departure. He contends that the court based the departure on the aggravating factor of “[pjersistent involvement in similar offenses,” OAR 253-08-002(l)(b)(D), 2 but that the facts do not show that he had any previous weapons…