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STATE v. HEILMAN

(CC 001139142; CA A116697; SC S51479).

125 P.3d 728 (2005)

339 Or. 661

STATE of Oregon, Respondent on Review, v. Robert Dale HEILMAN, Petitioner on Review.

Supreme Court of Oregon.

Decided December 30, 2005.

Attorney(s) appearing for the Case

Eric M. Cumfer, Senior Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner on review. With him on the briefs were Peter A. Ozanne, Executive Director, Office of Public Defense Services and Peter Gartlan, Chief Defender, Office of Public Defense Services.

David J. Amesbury, Assistant Attorney General, Salem, argued the cause and filed the briefs for respondent on review. With him on the briefs were Hardy Myers, Attorney General and Mary H. Williams, Solicitor General.

DURHAM, J.

In this criminal case, defendant challenges the 20-year enhancement of his prison sentence as a "dangerous offender" under ORS 161.725(1)(a).1 His primary contention is that the trial court erred in sentencing him as a dangerous offender because the state had not pleaded in the indictment the facts necessary to support such an enhancement. The trial court rejected that argument before applying a 20-year enhancement to his sentence...

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