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STATE v. JACKSON

0303-31245; A122955.

117 P.3d 315 (2005)

201 Or. App. 208

STATE of Oregon, Respondent, v. Jerome Pinkney JACKSON, Appellant.

Court of Appeals of Oregon.

Decided August 10, 2005.

Attorney(s) appearing for the Case

Andrew S. Chilton and Chilton, Ebbett & Rohr, LLC, filed the brief for appellant.

Hardy Myers, Attorney General, 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.

PER CURIAM.

Defendant was convicted of one count of robbery in the second degree. ORS 164.405. The trial court imposed an upward durational departure sentence, based on a finding of persistent involvement in similar offenses. On appeal, defendant challenges only the sentence, arguing that, under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi v. New Jersey, 530 U...

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