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STATE v. GRITTMAN

03C44199; A122233.

125 P.3d 20 (2005)

203 Or. App. 120

STATE of Oregon, Respondent, v. Robert Wesley GRITTMAN, Appellant.

Court of Appeals of Oregon.

Decided December 7, 2005.

Attorney(s) appearing for the Case

Erin Galli Rohr and Chilton, Ebbett & Rohr filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Elizabeth A. Gordon, Senior Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and LINDER, Judge, and BREITHAUPT, Judge pro tempore.

PER CURIAM.

Defendant appeals from a conviction for manufacture of a controlled substance within 1,000 feet of a school. ORS 475.999. The trial court imposed an upward departure sentence based on findings that defendant was on supervision when he committed the offenses and that defendant had a pattern of persistent involvement in similar offenses. On appeal, defendant challenges only the sentence, arguing that, under Blakely v. Washington, 542...

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