Legal Opinion
State v. Dilts
Oregon Supreme Court
Decided December 18, 2003No. 99CR-0172; CA A106034; SC S49525PublishedCited by 22 opinions
1Opinion of the Court
BALMER, «J.
In this criminal case, we are asked to consider whether defendant’s sentence was consistent with federal constitutional requirements as interpreted in Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000).
Defendant pleaded guilty to assault in the third degree. ORS 163.165. The trial court found that the crime was racially motivated and imposed an upward departure sentence under the Oregon Felony Sentencing Guidelines (sentencing guidelines). The trial court sentenced defendant to 36 months’ imprisonment and an additional 36-month period of post-prison…
2Cases cited18 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Ring v. ArizonaSupreme Court of the United States · 2002
- Duncan v. LouisianaSupreme Court of the United States · 1968
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. GornickOregon Supreme Court · 2006
- State v. IceOregon Supreme Court · 2007
- State v. DiltsOregon Supreme Court · 2004
- State v. GornickCourt of Appeals of Oregon · 2004
- State v. SpeedisOregon Supreme Court · 2011
17 more not listed; retrieve them via the Exa API.