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STATE v. PERKINS

No. 03CR1814; A124017.

120 P.3d 28 (2005)

201 Or. App. 587

STATE of Oregon, Respondent, v. Larry Daniel PERKINS, Appellant.

Court of Appeals of Oregon.

Decided September 21, 2005.

Attorney(s) appearing for the Case

James N. Varner, Dundee, 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 BREWER, Chief Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant was convicted of one count of assaulting a public safety officer, ORS 163.208, and one count of resisting arrest, ORS 162.315. He received an upward departure sentence of 18 months on the conviction for assaulting a public safety officer, based on a finding of persistent involvement in similar offenses. On appeal, defendant argues that the imposition of the departure sentence violated the rule of law, announced in Blakely v. Washington,

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