Lutz v. Hill

Petitioner appeals from a judgment dismissing his petition for post-conviction relief. ORS 138.530; ORS 138.510(3). That petition alleged that (1) under the reasoning of Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), and Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004), the criminal trial court acted unconstitutionally in imposing an upward departure sentence and consecutive sentences; and (2) the failure of petitioner’s criminal trial and appellate counsel to challenge the imposition of the consecutive sentences and the upward departure…