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STATE v. HUTCHISON

03C-50600; A124500.

121 P.3d 698 (2005)

202 Or. App. 213

STATE of Oregon, Respondent, v. Michael Terry HUTCHISON, Appellant.

Court of Appeals of Oregon.

Decided October 12, 2005.

Attorney(s) appearing for the Case

Keith L. Hayes, Salem, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Elizabeth A. Gordon, Senior Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

PER CURIAM.

Defendant was convicted of third-degree sodomy and received an upward departure sentence of 28 months of incarceration based on findings that defendant had been persistently involved in similar offenses and that prior sanctions had failed to deter him. Defendant argues that, 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...

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