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STATE v. DILTS

(99CR-0172; CA A106034; SC S49525).

82 P.3d 593 (2003)

336 Or. 158

STATE of Oregon, Respondent on Review, v. Randy Everett DILTS, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 18, 2003.

Attorney(s) appearing for the Case

Daniel M. Carroll, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Daniel J. Casey, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

BALMER, J.

In this criminal case, we are asked to consider whether defendant's sentence was consistent with federal constitutional requirements as interpreted in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

Defendant pleaded guilty to assault in the third degree. ORS 163.165. The trial court found that the crime was racially motivated and imposed an upward departure sentence under the...

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