State v. Causor-Mandoza

Defendant pleaded guilty to one count of custodial interference in the first degree. ORS 163.257. The trial court imposed an upward dispositional departure sentence of 18 months’ imprisonment based on the court’s findings that defendant was on probation at the time of the current offense and that the degree of harm resulting from the offense was greater than typical. The trial court also ordered defendant to pay restitution.

On appeal, defendant argues that the trial court erred in imposing a departure sentence and ordering restitution based on facts not found by a jury beyond a reasonable…