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STATE v. WICK

No. 040532848; A129555.

173 P.3d 1231 (2007)

216 Or. App. 404

STATE of Oregon, Plaintiff-Appellant, Cross-Respondent, v. David Charlie WICK, Jr., Defendant-Respondent, Cross-Appellant.

Court of Appeals of Oregon.

Decided December 5, 2007.

Attorney(s) appearing for the Case

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause for appellant. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Susan F. Drake, Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SERCOMBE, Judges.

EDMONDS, P.J.

Defendant was convicted of first-degree sodomy and first-degree sexual abuse. At sentencing, the court refused to impose consecutive sentences on the ground that it would be required to engage in judicial fact-finding in violation of the Sixth Amendment to the United States Constitution under the principles enunciated in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi...

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