State v. Clark

Defendant pled guilty to possession of a dangerous weapon with intent to use, ORS 166.220, being a felon in possession of a firearm, ORS 166.270, and assault in the fourth degree, a misdemeanor. ORS 163.160. He appeals the upward departure sentence imposed for possession of a dangerous weapon. We remand for resentencing.

To support the departure, the court relied on the aggravating factor of “persistent involvement in similar offenses or repetitive assaults.” OAR 253-08-002(l)(b)(D). It based that determination on defendant’s Montana convictions for kidnapping, robbery, aggravated assault and…