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STATE v. NIKO

02750; A123250.

118 P.3d 851 (2005)

STATE of Oregon, Respondent, v. Alfred NIKO III, Appellant.

Court of Appeals of Oregon.

Decided August 31, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Eric Johansen, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erika L. Hadlock, Assistant Solicitor General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

PER CURIAM.

Defendant was convicted of burglary in the first degree. ORS 164.225. The trial court imposed an upward durational departure sentence based on findings that the victim was especially vulnerable and that defendant had violated a position of trust. On appeal, defendant challenges only the sentence, arguing that, under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi v. New...

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