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STATE v. HOPSON

03CR0270, A126720.

186 P.3d 317 (2008)

220 Or. App. 366

STATE of Oregon, Plaintiff-Respondent, Cross-Appellant, v. Gregory James HOPSON, Defendant-Appellant, Cross-Respondent.

Court of Appeals of Oregon.

Decided June 11, 2008.

Attorney(s) appearing for the Case

Peter Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Marc D. Brown, Deputy Public Defender, Office of Public Defense Services, for appellant-cross-respondent.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Doug M. Petrina, Assistant Attorney General, for respondent-cross-appellant.

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

HASELTON, P.J.

Defendant was convicted of first-degree sodomy, ORS 163.405, and first-degree kidnapping, ORS 163.235. At sentencing, the court determined that, under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), it could not make factual findings in support of consecutive sentences...

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