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STATE v. LOFTIN

C053471CR; A132948.

178 P.3d 312 (2008)

218 Or. App. 160

STATE of Oregon, Plaintiff-Respondent, v. Larry Wayne LOFTIN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 20, 2008.

Attorney(s) appearing for the Case

Ernest Lannet, Deputy Public Defender, argued the cause for appellant. On the brief were Peter Gartlan, Chief Defender, Legal Services Division, and Jamesa J. Drake, Deputy Public Defender, Office of Public Defense Services.

Timothy Sylwester, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Doug M. Petrina, Assistant Attorney General.

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

HASELTON, P.J.

Defendant was convicted of one count of second-degree robbery, ORS 164.405, and one count of second-degree assault, ORS 163.175. On appeal, defendant raises a preserved contention that, under the rationale of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the sentencing court erred in imposing sentences that were partially consecutive to each other on those convictions, based on the...

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