Legal Opinion
State v. Phipps
Court of Appeals of Oregon
Decided August 31, 2005No. 200311366, 200316390; A123497, A123498PublishedCited by 1 opinion
1Per curiam
In. these consolidated cases, defendant was convicted of, among other things, failure to perform the duties of a driver, assault in the third degree, ORS 163.165, and unauthorized use of a vehicle, ORS 164.135. The trial court imposed upward dispositional departure sentences on each of those convictions, based on findings of persistent involvement and extreme disregard for the value of human life. The court also ordered restitution. On appeal, defendant challenges only the sentences.
He first argues that, under Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004), and…
2Cases cited6 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- State v. PerezCourt of Appeals of Oregon · 2004
- State v. GornickCourt of Appeals of Oregon · 2004
- State v. Ignacio GutierrezCourt of Appeals of Oregon · 2005
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. Causor-MandozaCourt of Appeals of Oregon · 2005