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STATE v. FUENTES

No. 99C-56344; A121506.

114 P.3d 542 (2005)

200 Or. App. 385

STATE of Oregon, Respondent, v. Abelardo Castro FUENTES, Appellant.

Court of Appeals of Oregon.

Decided June 22, 2005.

Attorney(s) appearing for the Case

John B. Wilson, Judge.

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 Christina M. Hutchins, filed the brief for respondent.

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

PER CURIAM.

Defendant was convicted of felony assault in the fourth degree and interfering with making a report. The trial court imposed a durational departure sentence based on findings of persistent involvement in similar offenses and a "total disregard for the law." 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

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