Legal Opinion
State v. Sawatzky
Court of Appeals of Oregon
Decided September 8, 2004No. 0003-32189, 0009-37299 A116857 (Control), A117424PublishedCited by 18 opinions
1Opinion of the CourtHaselton, P. J.
Defendant appeals, challenging upward departure sentences imposed in two cases that are consolidated for appeal, Case Nos. A116857 and A117424. Defendant’s sentences, some of which are concurrent and some of which are consecutive, add up to a total period of incarceration of 88 months. Defendant makes three principal arguments: First, the trial court erred in relying on “abuse of trust” as a sentencing factor to support certain departure sentences in A116857. Second, with respect to both cases, under principles articulated in Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435…
2Cases cited15 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Ring v. ArizonaSupreme Court of the United States · 2002
- Jones v. United StatesSupreme Court of the United States · 1999
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. PerezCourt of Appeals of Oregon · 2004
- State v. GornickCourt of Appeals of Oregon · 2004
- State v. Fuerte-CoriaCourt of Appeals of Oregon · 2004
- State v. SawatzkyOregon Supreme Court · 2005
- State v. UptonOregon Supreme Court · 2005
13 more not listed; retrieve them via the Exa API.