Legal Opinion
State v. Herrera-Lopez
Court of Appeals of Oregon
Decided February 8, 2006No. 04C-46803, 04C-47026 A126010 (Control), A126011PublishedCited by 8 opinions
1Opinion of the CourtSchuman, J.
Defendant pleaded guilty to kidnapping in the first degree, ORS 163.235, and assault in the second degree, ORS 163.175. The trial court sentenced him to 90 months’ incarceration for the kidnapping and, consecutive to that sentence, 70 months’ incarceration for the assault. Defendant contends on appeal, as he did at trial, that the trial court’s imposition of consecutive sentences based on facts that were not proved to a jury beyond a reasonable doubt or admitted by him violated his rights under the Sixth and Fourteenth Amendments to the United States Constitution as interpreted in Apprendi v.…
2Cases cited8 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Blakely v. WashingtonSupreme Court of the United States · 2004
- State v. HarrisOregon Supreme Court · 2005
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. TannerCourt of Appeals of Oregon · 2006
- State v. EdwardsCourt of Appeals of Oregon · 2017
- State v. BarrettCourt of Appeals of Oregon · 2020
- State v. GordianCourt of Appeals of Oregon · 2006
- State v. Tuan Anh NguyenCourt of Appeals of Oregon · 2008
3 more not listed; retrieve them via the Exa API.