McClanahan v. Hill

FILED: May 25, 2005

IN THE COURT OF APPEALS OF THE STATE OF OREGON

TERRY D. McCLANAHAN,

Appellant,

v.

JEAN HILL,
Superintendent,
Eastern Oregon Correctional Institution,

Respondent.

CV00-0145; A112913

Appeal from Circuit Court, Umatilla County.

Daniel J. Hill, Judge.

Submitted on record and briefs April 1, 2005.

Terry D. McClanahan filed the briefs pro se for petitioner.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Daniel J. Casey, Assistant Attorney General, filed the briefs for respondent.

Before Haselton, Presiding Judge, and Linder and Ortega, Judges.

PER CURIAM

Affirmed.

PER CURIAM

Petitioner appeals from the post-conviction court's denial of his petition for post-conviction relief, making several arguments in his appellate brief. We reject those arguments without discussion. Petitioner also has filed a supplemental brief in which he asserts that the stipulated departure sentence on his conviction for first-degree manslaughter is unconstitutional under Blakely v. Washington, 542 US ___, 124 S Ct 2531, 159 L Ed 2d 403 (2004), and Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000).

We reject petitioner's argument because the principles announced by the Court in Blakely and Apprendi do not apply retroactively in a collateral proceeding such as this one. Page v. Palmateer, 336 Or 379, 84 P3d 133, cert den, ___ US ___, 125 S Ct 205 (2004); Makinson v. Hill, ___ Or App ___, ___ P3d ___ (May 11, 2005); see also Schriro v. Summerlin, 542 US ___, 124 S Ct 2519, 159 L Ed 2d 442 (2004) (jury trial right set forth in Apprendi does not apply retroactively in collateral proceedings).

Affirmed.