State v. Crain

Defendant appeals from his conviction for, among other crimes, rape in the first degree, ORS 163.375. His sole assignment of error on appeal is that, under the Due Process Clause of the Fourteenth Amendment to the United States Constitution as applied in Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), the trial court erred in sentencing him as a dangerous offender under ORS 161.725(1)(a) 1 based on facts not pleaded in the indictment or proved to the jury beyond a reasonable doubt. The state responds that defendant failed to preserve that claim of error and that, in…