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STATE v. SIMS

No. 02CR0735FE; A125239.

114 P.3d 542 (2005)

200 Or. App. 389

STATE of Oregon, Respondent, v. Jerry SIMS, Appellant.

Court of Appeals of Oregon.

Decided June 22, 2005.

Attorney(s) appearing for the Case

William L. Lassell, Judge.

Peter A. Ozanne, Executive Director, and Dan Maloney, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erika L. Hadlock, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

Defendant was convicted of first-degree theft. The trial court imposed a durational departure sentence based on findings of persistent involvement in similar offenses unrelated to the crime and harm or loss significantly greater than typical. 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...

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