State v. Martina

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Martina, 201 Or App 719, 120 P3d 495 (2005) (Martina I), 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. Martina, 345 Or 316, 195 P3d 63 (2008). In Martina I, we vacated defendant’s sentences and remanded for resentencing because the trial court had imposed a departure sentence based on judicial findings. That factfinding constituted plain error, and we…