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STATE v. TAYLOR

No. C031197CR; A122684.

114 P.3d 534 (2005)

200 Or. App. 335

STATE of Oregon, Respondent, v. Terry Eugene TAYLOR, Appellant.

Court of Appeals of Oregon.

Decided June 22, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Susan F. Drake, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Janet A. Klapstein, 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 burglary in the first degree and theft in the second degree. ORS 164.225; ORS 164.045. His sole assignment of error on appeal is that the trial court erred, under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000...

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