State v. Ice

In State v. Ice, 343 Or 248, 170 P3d 1049 (2007), this court rejected defendant’s contention that Article I, section 11, of the Oregon Constitution requires that a jury, rather than a judge, find the facts that, under Oregon law, must be present before a judge can impose consecutive sentences. At the same time, however, the court held that the Sixth Amendment to the United States Constitution, as interpreted by the United States Supreme Court in Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), and Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403…