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STATE v. PRICE

03CR0016; A122503.

117 P.3d 298 (2005)

200 Or. App. 650

STATE of Oregon, Respondent, v. Terry Lucky PRICE, Appellant.

Court of Appeals of Oregon.

Decided July 27, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Joshua B. Crowther, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Linda Wicks, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

LANDAU, P.J.

Defendant appeals a judgment of conviction and sentence for felony driving while under the influence of intoxicants (DUII), ORS 813.010(5), and driving while suspended, ORS 811.182. He first argues that the upward durational departure sentence imposed by the trial court on his DUII conviction was error 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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