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TEAGUE v. PALMATEER

00C-12089; A113384.

57 P.3d 176 (2002)

184 Or.App. 577

Scott Lewis TEAGUE, Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Resubmitted October 15, 2002.

Decided October 30, 2002.

Attorney(s) appearing for the Case

Theodore C. Coran, McMinnville, filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent.

Rankin Johnson IV filed the brief amicus curiae for Oregon Criminal Defense Lawyer's Association.

Before DEITS, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, and BREWER, Judges.

Resubmitted En Banc October 15, 2002.

LINDER, J.

Petitioner appeals the dismissal of his petition for post-conviction relief, in which he alleged two grounds for relief. First, petitioner claimed that his dangerous offender sentence was imposed unconstitutionally under the principles announced in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Second, petitioner claimed that he received constitutionally...

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