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STATE v. CLARK

981187, A126679.

185 P.3d 516 (2008)

220 Or. App. 197

STATE of Oregon, Plaintiff-Respondent, v. Jeffrey Mark CLARK, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 21, 2008.

Attorney(s) appearing for the Case

Bronson D. James, Deputy Public Defender, argued the cause for appellant. On the brief were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Jennelle Meeks Barton, Deputy Public Defender, Office of Public Defense Services.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

ROSENBLUM, J.

In this appeal, defendant challenges the trial court's imposition of departure sentences and a compensatory fine, arguing, among other things, that the court erred in concluding that he waived the right to a jury trial on the facts pertinent to sentencing.1 We conclude that, because defendant was not aware that he had the right to have a jury determine sentencing facts, he did not validly waive the right and, consequently...

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