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STATE v. WILLIAMS

0107-35081; A119910.

104 P.3d 1151 (2005)

197 Or. App. 21

STATE of Oregon, Respondent, v. Hugh Michael WILLIAMS, Jr., Appellant.

Court of Appeals of Oregon.

Decided January 12, 2005.

Attorney(s) appearing for the Case

Rankin Johnson IV, Deputy Public Defender, argued the cause for appellant. With him on the briefs were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

HASELTON, P.J.

Defendant appeals from a judgment imposing a 30-year dangerous offender sentence on a conviction for burglary in the first degree, ORS 164.225; ORS 161.725. He argues that the trial court erred in imposing the sentence based on facts not pleaded in the indictment and found by a jury beyond a reasonable doubt, relying on Blakely v. Washington, 542 U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi v. New Jersey,

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