State v. ROBERTSON (A122733)

This case is before us on remand from the Oregon Supreme Court, which vacated our prior decision, State v. Robertson, 205 Or App 549, 134 P3d 1112 (2006) (Robertson 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). State v. Robertson, 345 Or 316, 195 P3d 63 (2008). In Robertson I, we remanded for resentencing because the court had imposed an upward departure sentence on defendant’s conviction for burglary in the first degree based on judicial factfinding. That factfinding constituted plain error, and we exercised…