Oregon Supreme Court December 18, 2003, 99CR-0172; CA A106034; SC S49525 (State v. Dilts)

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BALMER, «J.

In this criminal case, we are asked to consider whether defendant’s sentence was consistent with federal constitutional requirements as interpreted in

Apprendi v. New

Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000).

Defendant pleaded guilty to assault in the third degree. ORS 163.165.