State v. Vega

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Vega, 206 Or App 668, 139 P3d 260, rev den, 341 Or 367 (2006) (Vega 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. Vega, 345 Or 316, 195 P3d 64 (2008). In Vega I, we vacated defendant’s sentences and remanded for resentencing because the trial court had imposed departure sentences based on its own judicial findings of fact. That factfinding constituted…