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STATE v. VILLANUEVA

No. 20-03-03749; A121218.

114 P.3d 543 (2005)

200 Or. App. 552

STATE of Oregon, Respondent, v. Rudolf Frank VILLANUEVA, Appellant.

Court of Appeals of Oregon.

Decided July 6, 2005.

Attorney(s) appearing for the Case

Gregory G. Foote, Judge.

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

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, filed the briefs for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

PER CURIAM.

Defendant appeals a judgment of conviction on three counts of felony assault in the fourth degree, ORS 163.160, and one count of reckless endangerment, ORS 163.195. He raises two issues related to his sentencing. We agree that the trial court's imposition of a departure sentence on Count 1 violated the principles established in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and that the...

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