State v. Upton

This is an original mandamus proceeding. The issue it presents is whether a trial court has the authority under Oregon law to submit certain “sentence enhancement factors” 1 to a jury for factual determination as required under the Sixth Amendment principles articulated by the United States Supreme Court in Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000) and Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004).

Defendant is charged in a six-count “second superseding indictment” with racketeering (ORS 166.720), two counts of first-degree aggravated…