State v. Henson

Defendant appeals from convictions on two counts of arson in the first degree. ORS 164.325. He contends that the trial court erred in denying his request for substitution of counsel, in denying his motion to dismiss Count 1 of the indictment on the basis that it failed to state an offense, and in imposing sentences based on facts not found by a jury. We conclude that the trial court did not err in denying defendant’s request for substitution of counsel, that defendant did not adequately preserve his claim that the indictment was inadequate, and that the upward departures were unlawful. We…