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STATE v. RICKE

01061346; A120095.

120 P.3d 539 (2005)

201 Or. App. 713

STATE of Oregon, Respondent, v. Edward Owen RICKE, Appellant.

Court of Appeals of Oregon.

Decided September 28, 2005.

Attorney(s) appearing for the Case

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

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and David J. Amesbury, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

Defendant was convicted of stalking, a Class C felony. The trial court imposed a 96-month sentence. On appeal, defendant advances two assignments of error: (1) the 96-month sentence exceeded the maximum sentence permitted by law; and (2) the court imposed a departure sentence based on facts that defendant did not admit and that the court did not submit to a jury, Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531...

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