Silva v. Palmateer

FILED: November 6, 2002

IN THE COURT OF APPEALS OF THE STATE OF OREGON

ANTONIO SILVA,

Appellant,

v.

JOAN PALMATEER,
Superintendent,
Oregon State Penitentiary,

Respondent.

98C-21282; A112618

Appeal from Circuit Court, Marion County.

Terry A. Leggert, Judge.

Argued and submitted January 23, 2002.

R. Brooke Holstedt argued the cause and filed the brief for appellant.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Landau, Presiding Judge, and Deits, Chief Judge, and Brewer, Judge.

PER CURIAM

Affirmed.

PER CURIAM

Petitioner was convicted of attempted murder, assault in the second degree, and menacing. Pursuant to ORS 161.725, the sentencing court found him to be a dangerous offender and imposed a 24-year sentence, with a 90-month minimum, on the attempted murder conviction and a concurrent 70-month sentence on the assault conviction. In his petition for post-conviction relief, petitioner alleges that the dangerous offender sentence is unlawful under Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000). He also alleges that his trial and appellate counsel failed to provide constitutionally adequate assistance of counsel in various respects.

Petitioner's Apprendi claim is controlled by our decision in Teague v. Palmateer, 184 Or App 577, ___ P3d ___ (2002). As to the balance of his claims, we affirm without discussion.

Affirmed.