State v. Burdick

Defendant appeals his conviction for unauthorized use of a vehicle, ORS 164.135, challenging the denial of his motion to suppress evidence and the validity of his sentence. Specifically, defendant argues that the warrantless entry by police into an apartment where they discovered a stolen motorcycle was not justified under the emergency aid doctrine, as the trial court concluded. Defendant also argues that the trial court erred by imposing a departure sentence based on judicially found aggravating factors in violation of his Sixth Amendment right to trial by jury. Although we conclude that…