Legal Opinion

State v. Rodriguez

Court of Appeals of Oregon

Decided August 3, 2005No. 01C-50641; A118029PublishedCited by 2 opinions

1Per curiam

Defendant appeals his sentences on one count of rape in the first degree, one count of rape in the second degree, and one count of burglary in the first degree. He argues that the sentencing court erred in imposing consecutive sentences without making the requisite findings under ORS 137.123. In a supplemental brief, defendant argues that the imposition of consecutive sentences and of a departure sentence violate the rule of law announced in Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004). Although none of defendant’s arguments were preserved in the trial court, we…

2Cases cited2 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. State v. PerezCourt of Appeals of Oregon · 2004

3Cited by2 opinions

  1. State v. RodriguezCourt of Appeals of Oregon · 2009
  2. State v. RodriguezCourt of Appeals of Oregon · 2009

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