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LUTZ v. HILL

04-12-4107M; A128724.

134 P.3d 1003 (2006)

205 Or. App. 252

Terry Joe LUTZ, Appellant, v. Jean HILL, Superintendent, Snake River Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided April 26, 2006.

Attorney(s) appearing for the Case

James N. Varner, Dundee, argued the cause and filed the brief for appellant.

Jennifer S. Lloyd, Attorney-in-Charge, Collateral Remedies and Capital Appeals, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

HASELTON, P.J.

Petitioner appeals from a judgment dismissing his petition for post-conviction relief. ORS 138.530; ORS 138.510(3). That petition alleged that (1) under the reasoning of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the criminal trial court acted unconstitutionally...

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