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MASTNE v. SCHIEDLER

CV001671; A114441.

44 P.3d 621 (2002)

180 Or. App. 552

Lawrence Melvin MASTNE, Appellant, v. Robert SCHIEDLER, Superintendent, Eastern Oregon Correctional Institution, Respondent.

Court of Appeals of Oregon.

October 22, 2001.

Decided April 10, 2002.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, for motion.

Marc Geller contra.

Before BREWER, Presiding Judge, and WOLLHEIM and KISTLER, Judges.

On Respondent's Motion for Summary Affirmance October 18, 2001.

Appellant's Opposition to Motion for Summary Affirmance October 22, 2001.

BREWER, P.J.

Petitioner appeals from a judgment dismissing his petition for post-conviction relief. Petitioner asserts that his sentence as a dangerous offender is unconstitutional in light of the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466

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