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STATE v. SLANAKER

C021083CR; A120123.

120 P.3d 1284 (2005)

202 Or. App. 323

STATE of Oregon, Respondent, v. Bret James SLANAKER, Appellant.

Court of Appeals of Oregon.

Decided October 19, 2005.

Attorney(s) appearing for the Case

Erin Galli Rohr and Chilton, Ebbett & Rohr, LLC, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Christina M. Hutchins, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and DEITS, Judge pro tempore.

PER CURIAM.

Defendant appeals from convictions for assault in the first degree, ORS 163.185, and unlawful use of a weapon, ORS 166.220. The trial court imposed upward departure sentences on both convictions, based on a finding that the crime involved a vulnerable victim. On appeal, defendant challenges only the sentences, arguing that, under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi...

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