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STATE v. UPTON

(CC No. 04-419; SC S52316).

125 P.3d 713 (2005)

339 Or. 673

STATE of Oregon, Plaintiff-Relator, v. George Washington UPTON, aka Dominique DiGiorgio, Defendant-Adverse Party.

Supreme Court of Oregon, En Banc.

Decided December 30, 2005.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for relator. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jesse Wm. Barton, Salem, argued the cause and filed the brief for adverse party.

De MUNIZ, J.

This is an original mandamus proceeding. The issue it presents is whether a trial court has the authority under Oregon law to submit certain "sentence enhancement factors"1 to a jury for factual determination as required under the Sixth Amendment principles articulated by the United States Supreme Court in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) and...

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