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STATE v. SULLIVAN

0206150CR; A120603.

104 P.3d 636 (2005)

197 Or. App. 26

STATE of Oregon, Respondent, v. Mark Allen SULLIVAN, Appellant.

Court of Appeals of Oregon.

Decided January 12, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Jennelle Meeks Barton, Deputy Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Julie A. Smith, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

HASELTON, P.J.

Defendant, who was convicted of several crimes after he entered an Alford plea,1 appeals pursuant to ORS 138.050, asserting that his sentences exceed the maximum allowable by law. In particular, defendant asserts that (1) under the reasoning of Blakely v. Washington, 542 U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the trial court's imposition of an upward departure sentence on defendant's conviction for...

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