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STATE v. BROWN

0110-51539, A121813.

115 P.3d 254 (2005)

200 Or. App. 427

STATE of Oregon, Respondent, v. James Patrick BROWN, aka James Patrick Chambers, Appellant.

Court of Appeals of Oregon.

Decided July 6, 2005.

Attorney(s) appearing for the Case

Ernest G. Lannet, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before ARMSTRONG, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.

BREWER, C.J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), assigning error to the trial court's imposition of several special conditions of probation. Defendant argues that, in order to impose those special conditions, the trial court was required to find facts that, under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi v. New Jersey...

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