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STATE v. CAPTAIN

03C-42359; A123313.

125 P.3d 29 (2005)

203 Or. App. 116

STATE of Oregon, Respondent, v. Michael Anthony CAPTAIN, Appellant.

Court of Appeals of Oregon.

Decided December 7, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, 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 was convicted of attempted aggravated murder, ORS 163.095, first-degree rape, ORS 163.375, and second-degree assault, ORS 163.185. The trial court imposed a 30-year dangerous offender sentence on the attempted aggravated murder conviction and concurrent mandatory minimum sentences pursuant to ORS 137.700 on the rape and assault convictions. Defendant argues that, under Blakely v. Washington, 542 U.S. 296

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