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STATE v. FARIAS-ESTRADA

04CR0228; A125264.

124 P.3d 1289 (2005)

203 Or. App. 474

STATE of Oregon, Respondent, v. Gabriel FARIAS-ESTRADA, Appellant.

Court of Appeals of Oregon.

Decided December 28, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, and Louis R. Miles, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Erika L. Hadlock, Assistant Solicitor General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

Defendant was convicted of delivery of a controlled substance, ORS 475.992(1)(a). The trial court imposed an upward durational departure sentence, based on findings of "Harm or Loss Significantly Greater than Typical" and "Organized Crime Operation." The trial court found that either of the factors was sufficient to support departure. On appeal, defendant challenges only the sentence, arguing that, under Blakely v. Washington, 542...

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