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STATE v. JORDAN

03084124C; A123147.

136 P.3d 1198 (2006)

206 Or. App. 517

STATE of Oregon, Respondent, v. James Lyle JORDAN, Appellant.

Court of Appeals of Oregon.

Decided June 14, 2006.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and David Ferry, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Paul L. Smith, Assistant Attorney General, filed the brief for appellant.

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

PER CURIAM.

Defendant was convicted after a jury trial of two counts of felony stalking, ORS 163.732(2)(b), and raises several assignments of error challenging his sentence. Because we agree with one of defendant's arguments, we need not reach the rest of them. The sentencing court imposed an upward durational departure sentence based on a finding that defendant had been persistently involved in similar offenses. Defendant argues that, under Blakely v. Washington...

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