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STATE v. JACKSON

0303-31429; A123285.

129 P.3d 202 (2006)

204 Or. App. 107

STATE of Oregon, Respondent, v. Phellipe Lynn JACKSON, Appellant.

Court of Appeals of Oregon.

Decided February 1, 2006.

Attorney(s) appearing for the Case

Marshall L. Amiton, Judge.

Ingrid A. MacFarlane, Salem, filed the brief for appellant.

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Janet A. Metcalf, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and DEITS, Judge pro tempore.

PER CURIAM.

Defendant was convicted of kidnapping in the second degree, unlawful use of a weapon, and menacing. The trial court imposed an upward departure sentence on the kidnapping conviction, based on defendant's counsel's admission that defendant was on probation at the time the crimes were committed. Defendant argues that the court's upward departure was erroneous under Blakely v. Washington, 542...

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