State v. Brown

*445DEITS, J.

Defendant was convicted of theft in the first degree. ORS 164.055. Under grid block 4-A, his presumptive sentence was 10 months of imprisonment; however, the sentencing court found an aggravating factor and imposed a departure sentence of 20 months of imprisonment. Defendant challenges that sentence, arguing that the aggravating factors cited by the court do not constitute substantial and compelling reasons for a departure. ORS 138.222(3).1 We affirm.

Although defendant concedes that a trial court may base a departure sentence on factors other than those specifically set out in the…