BUFFA v. BELLEQUE

03C11980; A127476.

162 P.3d 376 (2007)

214 Or. App. 39

Michael Salvatore BUFFA, Petitioner-Appellant, v. Brian BELLEQUE, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

Decided July 11, 2007.


Attorney(s) appearing for the Case

Patrick M. Ebbett and Chilton, Ebbett & Rohr, LLC filed the brief for appellant. Michael Salvatore Buffa filed the supplemental brief pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Senior Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.


BREWER, C.J.

Petitioner appeals a judgment denying his petition for post-conviction relief. We write only to discuss his claim that his trial counsel was constitutionally inadequate because counsel failed to object to the imposition of departure sentences without a jury determination of the necessary predicate facts. Because we conclude that, at the time of petitioner's sentencing, reasonable counsel could have believed that...

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