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STATE v. COLIN

C961860CR; A125566.

120 P.3d 1259 (2005)

202 Or. App. 233

STATE of Oregon, Respondent, v. Miguel Velasquez COLIN, Appellant.

Court of Appeals of Oregon.

Decided October 12, 2005.

Attorney(s) appearing for the Case

Ernest G. Lannet, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

David J. Amesbury, 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 ARMSTRONG and ROSENBLUM, Judges.

PER CURIAM.

Defendant appeals his sentence on a conviction for kidnapping in the second degree, ORS 163.225. He argues that the trial court abused its discretion in failing to grant a continuance before resentencing him. He further argues that, under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147...

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