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STATE v. GORNICK

CC 02C53376; CA A121042; SC S52252.

130 P.3d 780 (2006)

340 Or. 160

STATE of Oregon, Petitioner on Review, v. Thomas J. GORNICK, Respondent on Review.

Supreme Court of Oregon.

Decided March 9, 2006.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jamesa J. Drake, Deputy Public Defender, Salem, argued the cause for respondent on review. On the briefs were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Monica L. Finch, Deputy Public Defender, Office of Public Defense Services, Salem.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, BALMER, and KISTLER, Justices.

CARSON, J.

The issue in this criminal case is whether the Court of Appeals improperly considered, as plain error, an unpreserved claim of sentencing error under the Sixth Amendment to the United States Constitution and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Defendant was charged with assault in the third degree and pleaded guilty to that charge. During sentencing, which occurred after the...

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