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STATE v. BELK

03C46802; A123312.

111 P.3d 801 (2005)

199 Or. App. 382

STATE of Oregon, Respondent, v. Mary Ellen BELK, Appellant.

Court of Appeals of Oregon.

Decided April 27, 2005.

Attorney(s) appearing for the Case

John L. Susac, Deputy Public Defender, filed the brief for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

PER CURIAM.

Defendant pleaded guilty to delivery of a controlled substance, ORS 475.992(1)(b). The trial court imposed a durational and dispositional departure sentence of 24 months imprisonment based on its findings that drug treatments had not deterred defendant's involvement with drugs and that defendant had not appeared for a previous sentencing hearing. Defendant did not admit either finding, nor did the state prove either to a jury beyond a reasonable doubt...

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