State v. Vigil

A jury convicted defendant of nine offenses. At sentencing, the trial court ordered that defendant not be considered for temporary leave, earned time sentence reductions, early and work release, or other forms of sentence modification. ORS 137.750; ORS 137.752. On appeal, defendant argues that, because the denial was based on a fact found by the court rather than by the jury, his sentence is unlawful under Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000). Defendant concedes that he did not raise the issue before the trial court, but he argues that we may review it as…