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STATE v. ROSS

03CR0143; A121410.

102 P.3d 755 (2004)

196 Or. App. 420

STATE of Oregon, Respondent, v. Timothy Duane ROSS, Appellant.

Court of Appeals of Oregon.

Decided December 8, 2004.

Attorney(s) appearing for the Case

Rankin Johnson IV, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Jonathan H. Fussner, Attorney-In-Charge, 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 no contest to first-degree theft. ORS 164.055. The trial court imposed a dispositional departure sentence after finding that the victim was particularly vulnerable and that defendant was not amenable to probation. On appeal, defendant argues that the sentence is unlawful under Blakely v. Washington, 542 U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), because he did not admit the aggravating factors on which the trial court...

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