State v. TATARINOV

This case is before us on remand from the Oregon Supreme Court, which vacated our prior decision, State v. Tatarinov, 202 Or App 217, 120 P3d 1253 (2005) (Tatarinov 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. Tatarinov, 345 Or 316, 195 P3d 64 (2008). In Tatarinov I, we remanded for resentencing because the court had imposed upward departure sentences on two of defendant’s convictions for identity theft, based on judicial fact-finding, in violation of his jury trial rights under the Sixth Amendment…