STATE v. HOPSON

03CR0270; A126720.

164 P.3d 342 (2007)

214 Or. App. 288

STATE of Oregon, Plaintiff-Respondent, Cross-Appellant, v. Gregory James HOPSON, Defendant-Appellant, Cross-Respondent.

Court of Appeals of Oregon.

Reargued and Submitted April 30, 2007.

Decided July 25, 2007.


Attorney(s) appearing for the Case

Marc D. Brown, Deputy Public Defender, argued the cause for appellant-cross-respondent. With him on the briefs were Peter Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

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

Before Haselton, Presiding Judge, and Armstrong and Rosenblum, Judges.


PER CURIAM.

Defendant, who was convicted after a jury trial of one count of first-degree sodomy, ORS 163.405, and one count of first-degree kidnapping, ORS 163.235, appeals, assigning error to the trial court's determination that he is a "sexually violent dangerous offender," ORS 137.765. Defendant contends that the trial court's determination in that regard violated the Sixth Amendment to the United States Constitution under the principles enunciated in Blakely...

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