State v. Holloway

Defendant pleaded guilty to a charge of escape in the second degree, ORS 162.155, and received an upward departure sentence of 60 months’ imprisonment and 24 months’ post-prison supervision. On appeal, defendant advances multiple challenges to his sentence, none of which was preserved below. We reject each of defendant’s challenges to his sentence and write only to address defendant’s challenges 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).

Defendant first argues that, under Blakely…