State v. Walston

This case is before us on remand from the Oregon Supreme Court, which vacated our prior decision, State v. Walston, 205 Or App 566, 134 P3d 1114 (2006) (Walston I), 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. Walston, 345 Or 316, 195 P3d 64 (2008) . In Walston I, we remanded for resentencing, citing State v. Tarkington, 205 Or App 473, 134 P3d 1104 (2006) (Tarkington I), which concerned a codefendant. In Tarkington I, the court had imposed an upward departure sentence based on judicial factfinding, in…