State v. Taylor

Defendant appeals from his convictions, based on a plea of no contest, on one count of rape in the first degree, ORS 163.275, one count of sodomy in the first degree, ORS 163.405, and one count of sexual abuse in the third degree, ORS 163.415. He argues that the trial court’s imposition of consecutive 100-month sentences on the first-degree rape and first-degree sodomy counts, based on the court’s rendition of findings under ORS 137.123(5), 1 was unconstitutional. In particular, defendant contends that, under the rationale set forth in Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L…