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PAGE v. PALMATEER

CC99C-11782, CA A114830, SC S50171.

84 P.3d 133 (2004)

336 Or. 379

Robert J. PAGE, Jr., Petitioner on Review, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided February 5, 2004.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for petitioner on review.

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Thomas J. Hester, Assistant Federal Public Defender, Portland, filed a brief on behalf of amicus curiae Federal Public Defender.

DE MUNIZ, J.

The issue in this case is whether the federal constitutional right announced in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), applies retroactively to post-conviction relief proceedings in Oregon. We hold that the right announced in Apprendi does not apply retroactively and we affirm the Court of Appeals' decision to that effect.

We draw the undisputed facts from the...

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