State v. Rodriguez

This case is on remand from the Oregon Supreme Court, which vacated our prior decision, State v. Rodriguez (Rodriguez I), 201 Or App 94, 116 P3d 923 (2005), in light of State v. Ramirez, 343 Or 505, 173 P3d 817 (2007), adh’d to as modified on recons, 344 Or 195, 179 P3d 673 (2008). State v. Rodriguez, 345 Or 316, 195 P3d 63 (2008). In Rodriguez I, we vacated defendant’s sentences and remanded for resentencing because we agreed with defendant’s unpreserved contention that the trial court had violated the principles subsequently announced in Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159…