State v. Muyingo

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Muyingo, 197 Or App 320, 105 P3d 899 (2005) (Muyingo II), in light of State v. Ramirez, 343 Or 505, 173 P3d 817 (2007), adh’d to as modified on recons, 344 Or 195,179 P3d 673 (2008), and State v. Fults, 343 Or 515, 173 P3d 822 (2007). State v. Muyingo, 345 Or 316, 195 P3d 63 (2008) (Muyingo III). In Muyingo II, we vacated defendant’s sentences and remanded for resentencing because the trial court had imposed an upward departure sentence on one of defendant’s convictions based on facts found by…