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STATE v. CRAIN

9804-33425; A108785

33 P.3d 1050 (2001)

177 Or. App. 627

STATE of Oregon, Respondent, v. Lester CRAIN, Appellant.

Court of Appeals of Oregon.

Decided October 31, 2001.

Attorney(s) appearing for the Case

Rankin Johnson IV, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, State Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and HASELTON and BREWER, Judges.

BREWER, J.

Defendant appeals from his conviction for, among other crimes, rape in the first degree, ORS 163.375. His sole assignment of error on appeal is that, under the Due Process Clause of the Fourteenth Amendment to the United States Constitution as applied in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the trial court erred in sentencing him as a dangerous offender under ORS 161.725(1)...

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