State v. Bennett

Defendant appeals a judgment of conviction for second-degree escape, ORS 162.155. He contends that the trial court erred in imposing an upward departure sentence of 50 months’ imprisonment and 12 months’ post-prison supervision based on the aggravating factor that he had committed burglary while he was on escape status. Specifically, he argues that the court was precluded, as a matter of law, from considering conduct that occurred after his escape in determining whether substantial and compelling reasons existed for departure. For the reasons that follow, we affirm.

The relevant facts are few…