State v. Allen

The state petitions for reconsideration of our decision in State v. Allen, 198 Or App 392, 108 P3d 651 (2005), in which we vacated the sentences of two of defendant’s three drug offense convictions and remanded for resentencing. Defendant asserted that the imposition of a departure sentence on two of those convictions based on a judicial finding that he was on supervision at the time of the crime violated the Sixth Amendment as interpreted in Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004). We agreed that, although the argument was unpreserved, the sentence was…