State v. Lennon

This case is before us a second time. In its first decision, the Court of Appeals determined that it was plain error for the sentencing court not to have given defendant the option of a jury trial to decide the facts on which the court imposed an upward departure sentence for his conviction; the Court of Appeals then exercised its discretion to correct that error. State v. Lennon, 204 Or App 111, 129 P3d 209 (2008) (Lennon I)- On review, this court vacated that decision and remanded for reconsideration in light of State v. Ramirez, 343 Or 505, 173 P3d 817 (2007), adh’d to as modified on…