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STATE v. TEIGEN

No. 030955; A122877.

114 P.3d 539 (2005)

200 Or. App. 387

STATE of Oregon, Respondent, v. Harry Gale TEIGEN, Appellant.

Court of Appeals of Oregon.

Decided June 22, 2005.

Attorney(s) appearing for the Case

Thomas O. Branford, Judge.

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Ernest G. Lannet, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Christina M. Hutchins, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

Defendant pleaded guilty to felony assault in the fourth degree. The trial court imposed a departure sentence based on a finding of persistent involvement in similar offenses. On appeal, defendant argues that the sentence is unlawful because it is based on facts not admitted or found by a jury, in violation of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). The state concedes that, in...

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