STATE v. ALLEN

0304-31855; A122591.

118 P.3d 820 (2005)

STATE of Oregon, Respondent, v. Ryan Alan ALLEN, Appellant.

Court of Appeals of Oregon.

Decided August 17, 2005.


Attorney(s) appearing for the Case

James N. Varner, Dundee, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Christina M. Hutchins, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and LINDER, Judge.


PER CURIAM.

Defendant was convicted of three counts of felony assault in the fourth degree, ORS 163.160, and received a dispositional departure sentence on one of the counts based on "persistent involvement; repeated assaults." On appeal, defendant argues that the imposition of the departure sentence violated the rule of law announced in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), that sentencing...

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