Legal Opinion

State v. Toth

Court of Appeals of Oregon

Decided June 27, 2007No. CR040608; A127429PublishedCited by 6 opinions

1Opinion of the CourtLandau, P. J.

Defendant was convicted of two counts of delivery of a controlled substance (DCS), former ORS 475.992 (2003), renumbered as ORS 475.840 (2005), and two counts of possession of a controlled substance (PCS), former ORS 475.992 (2003), renumbered as ORS 475.840 (2005). The trial court imposed departure sentences on the two DCS convictions, based on the jury’s findings that defendant was persistently involved in similar offenses. Defendant appeals, challenging only the sentence. Specifically, he challenges the legal sufficiency of one of the jury instructions pertaining to the finding of…

2Cases cited15 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Ailes v. Portland Meadows, Inc.Oregon Supreme Court · 1991
  4. State v. BrownOregon Supreme Court · 1990
  5. State v. PerezCourt of Appeals of Oregon · 2004

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3Cited by6 opinions

  1. State v. GrayCourt of Appeals of Oregon · 2014
  2. State v. CamCourt of Appeals of Oregon · 2013
  3. State v. GuardipeeCourt of Appeals of Oregon · 2010
  4. State v. AlonzoCourt of Appeals of Oregon · 2012
  5. State v. VanornumCourt of Appeals of Oregon · 2012

1 more not listed; retrieve them via the Exa API.

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