STATE v. COURTNEY

03C-47021; A123627.

118 P.3d 858 (2005)

STATE of Oregon, Respondent, v. Earle Matthew COURTNEY, Appellant.

Court of Appeals of Oregon.

Decided August 31, 2005.


Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Shawn Wiley, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

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

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.


PER CURIAM.

Defendant was convicted of supplying contraband. ORS 162.185. The trial court imposed an upward durational departure sentence based on a finding of lack of respect for the law. The court also ordered under ORS 137.750 and ORS 137.752 that defendant not be considered for early release or sentence reductions. On appeal, defendant challenges only the sentence.

He first argues that, under Blakely v. Washington, 542 U.S. 296

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