State v. Price

Defendant appeals a judgment of conviction and sentence for felony driving while under the influence of intoxicants (DUII), ORS 813.010(5), and driving while suspended, ORS 811.182. He first argues that the upward durational departure sentence imposed by the trial court on his DUII conviction was error under Blakely v. Washington, 542 US 296, 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), because a jury did not determine his criminal history score, did not determine the existence of the departure factors relied on by the…