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STATE v. HERRERA-LOPEZ

Nos. 04C-46803, 04C-47026; A126010 (Control), A126011.

129 P.3d 238 (2006)

204 Or. App. 188

STATE of Oregon, Respondent, v. Omar HERRERA-LOPEZ, aka Omar Iran Herrera-Lopez, Appellant.

Court of Appeals of Oregon.

Decided February 8, 2006.

Attorney(s) appearing for the Case

Ernest G. Lannet, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

SCHUMAN, J.

Defendant pleaded guilty to kidnapping in the first degree, ORS 163.235, and assault in the second degree, ORS 163.175.1 The trial court sentenced him to 90 months' incarceration for the kidnapping and, consecutive to that sentence, 70 months' incarceration for the assault. Defendant contends on appeal, as he did at trial, that the trial court's imposition of consecutive sentences based on facts that were not proved to a jury...

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