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STATE v. STEINHOFF

03CR0514; A121824.

120 P.3d 1255 (2005)

202 Or. App. 221

STATE of Oregon, Respondent, v. Dennis David STEINHOFF, Appellant.

Court of Appeals of Oregon.

Decided October 12, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Ernest G. Lannet, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Elizabeth A. Gordon, Senior Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

PER CURIAM.

Defendant was convicted of first-degree burglary, ORS 164.225, third-degree theft, ORS 164.043, and second-degree criminal mischief, ORS 164.354. The trial court imposed an upward departure sentence on the first-degree burglary conviction based on a finding of "repetitive conduct in theft type offenses." Defendant argues that, under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and ...

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