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STATE v. GORNICK

02C53376; A121042.

102 P.3d 734 (2004)

196 Or. App. 397

STATE of Oregon, Respondent, v. Thomas J. GORNICK, Appellant.

Court of Appeals of Oregon.

Decided December 8, 2004.

Attorney(s) appearing for the Case

Monica L. Finch, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C. J.

Defendant pleaded guilty to assault in the third degree. ORS 163.165. After accepting defendant's guilty plea, the trial court found several aggravating factors that it deemed to be substantial and compelling reasons to impose an upward durational departure sentence.1 Defendant appeals, arguing that, under Blakely v. Washington, 542 U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the trial court lacked authority...

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