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STATE v. FRAZEY

0307-33540; A124084.

125 P.3d 31 (2005)

203 Or. App. 122

STATE of Oregon, Respondent, v. Gary James FRAZEY, Appellant.

Court of Appeals of Oregon.

Decided December 7, 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 LINDER, Presiding Judge, and EDMONDS and WOLLHEIM, Judges.

PER CURIAM.

Defendant was convicted of robbery in the first degree, ORS 164.415, assault in the second degree, ORS 163.175, animal abuse in the second degree, ORS 167.315, and tampering with a witness, ORS 162.285. On appeal, defendant challenges the trial court's imposition of an upward departure sentence on his conviction for robbery in the first degree. He argues that the court's upward departure was erroneous under Blakely v. Washington,

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