State v. Johnston

Defendant pled guilty to three counts of robbery in the first degree with a firearm, ORS 164.415; ORS 161.610, pursuant to an agreement in which the state agreed to dismiss a charge of attempted murder and not to file a pending robbery charge. The parties agreed that defendant’s grid block was 9-G and that the state would recommend a maximum “time” of 108 months. The court imposed consecutive departure sentences with a total term of incarceration of 108 months. On appeal, defendant argues that the departure sentences are not supported by substantial and compelling reasons. OAR 253-08-001.

Defen…