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STATE v. MORRIS

03C-42143; A122128.

124 P.3d 1292 (2005)

203 Or. App. 541

STATE of Oregon, Respondent, v. Randy Leon MORRIS, Appellant.

Court of Appeals of Oregon.

Decided December 28, 2005.

Attorney(s) appearing for the Case

James N. Varner, Dundee, filed the opening brief for appellant. Randy Morris filed the supplemental brief pro se.

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 BREWER, Chief Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant was convicted of two counts of felony fourth-degree assault, ORS 163.160, and received consecutive upward departure sentences on those convictions. The court based the departure sentences on findings that prior probations and incarcerations had not deterred criminal behavior and that defendant had been persistently involved in similar offenses. On appeal, defendant argues that, under Blakely v. Washington, 542 U.S. 296<...

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