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FRIAS v. COURSEY

CV081391; A140134.

215 P.3d 874 (2009)

229 Or. App. 716

Jeffrey John FRIAS, aka Jeffery John Frias, aka Jeff Frias, Petitioner-Appellant, v. Rick COURSEY, Superintendent, Eastern Oregon Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided July 15, 2009.

Attorney(s) appearing for the Case

James N. Varner, Dundee, filed the brief for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Denis M. Vannier, Assistant Attorney General, filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.

PER CURIAM.

Petitioner was convicted of various sexual offenses and was sentenced to a total of 360 months in prison. In a petition for post-conviction relief, petitioner argued that his sentences, which included an upward departure sentence based on judicial factfinding, violated his right to a jury trial under the Sixth Amendment to the United States Constitution as set forth in Blakely v. Washington, 542 U.S. 296, 124 S.Ct...

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