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STATE v. GORDIAN

990210CR; A125945.

149 P.3d 190 (2006)

209 Or. App. 600

STATE of Oregon, Respondent, v. Cruz Margarito GORDIAN, aka Margarito Gordian-Cruz, Appellant.

Court of Appeals of Oregon.

Decided December 6, 2006.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Rebecca A. Duncan, Chief Deputy Public Defender, Office of Public Defense Services, 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 HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant was convicted of three counts of first-degree sexual abuse, ORS 163.427, based on his plea of guilty, and was sentenced on each offense to a 20-month presumptive prison term, with each sentence to run consecutively. Defendant argued to the sentencing court, and reasserts on appeal, that the court could not impose consecutive sentences based on facts neither found by a jury nor admitted by defendant, citing Blakely v. Washington,

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