STATE v. DE PAZ-CERNA

04FE0023; A125630.

131 P.3d 792 (2006)

204 Or. App. 582

STATE of Oregon, Respondent, v. Jose Ernesto DE PAZ-CERNA, Appellant.

Court of Appeals of Oregon.

Decided March 15, 2006.


Attorney(s) appearing for the Case

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

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Doug M. Petrina, Assistant Attorney General, filed the brief for respondent.

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


ARMSTRONG, J.

Defendant was convicted of multiple offenses and, on appeal, takes issue with the sentences imposed on two counts of coercion, ORS 163.275. Defendant first asserts that, under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the court erred in imposing a sentence on one count of coercion based on facts that were not found by a jury or admitted by defendant, in violation of his rights...

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