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STATE v. DEHUT

03C-44670; A124718.

131 P.3d 820 (2006)

204 Or. App. 683

STATE of Oregon, Respondent, v. Kenneth Lee DEHUT, Appellant.

Court of Appeals of Oregon.

Decided March 15, 2006.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and David C. Degner, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Doug M. Petrina, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

PER CURIAM.

Defendant was convicted after a jury trial of being an inmate in possession of a weapon. ORS 166.275. The trial court imposed a departure sentence of 60 months' imprisonment based on findings that defendant had persistently been involved in similar offenses and that prior sanctions had not deterred defendant's criminal conduct. On appeal, defendant argues that, under Blakely v. Washington, 542 U.S. 296, 124 S.Ct....

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