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STATE v. SACKETT

20-04-06823; A125328.

120 P.3d 1260 (2005)

202 Or. App. 231

STATE of Oregon, Respondent, v. Brandon Forrest SACKETT, 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 Stephanie Hortsch, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erika L. Hadlock, Assistant Solicitor General, filed the brief for respondent.

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

PER CURIAM.

Defendant appeals his sentence of 26 months of imprisonment imposed on his conviction for unauthorized use of a vehicle. ORS 164.135. He 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 L.Ed.2d 435 (2000), the court erred in imposing an upward departure sentence based...

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