Legal Opinion
State v. Lafferty
Court of Appeals of Oregon
Decided February 16, 2011No. 0704166CR, 0708289CR A137373 (Control), A137374PublishedCited by 4 opinions
1Opinion of the CourtBrewer, C. J.
The state appeals from judgments convicting defendant of third-degree assault in one case and first-degree burglary in another. ORS 163.165; ORS 164.225. The state challenges the sentences that the trial court imposed for those crimes, arguing that the court miscalculated defendant’s criminal history score. See ORS 138.060(l)(e) (state may appeal a “judgment of conviction based on the sentence as provided in ORS 138.222”). Defendant responds that the trial court correctly determined, under State v. Harris, 339 Or 157, 118 P3d 236 (2005), that it could not use defendant’s juvenile adjudication…
2Cases cited27 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- United States v. OlanoSupreme Court of the United States · 1993
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Blakely v. WashingtonSupreme Court of the United States · 2004
22 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. AlexanderCourt of Appeals of Oregon · 2013
- State v. CarreraCourt of Appeals of Oregon · 2020
- State v. DearmittCourt of Appeals of Oregon · 2022
- State v. LaffertyCourt of Appeals of Oregon · 2011