State v. Gordian

Defendant was convicted of three counts of first-degree sexual abuse, ORS 163.427, based on his plea of guilty, and was sentenced on each offense to a 20-month presumptive prison term, with each sentence to run consecutively. Defendant argued to the sentencing court, and reasserts on appeal, that the court could not impose consecutive sentences based on facts neither found by a jury nor admitted by defendant, citing Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004). We need not reach the question whether, as a general matter, the rule of law announced in Blakely applies…