State v. Loftin

Defendant was convicted of one count of second-degree robbery, ORS 164.405, and one count of second-degree assault, ORS 163.175. On appeal, defendant raises a preserved contention that, under the rationale of Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004), the sentencing court erred in imposing sentences that were partially consecutive to each other on those convictions, based on the court’s finding made pursuant to ORS 137.123(5)(a). After the parties briefed this case, but before oral argument, the Oregon Supreme Court decided State v. Ice, 343 Or 248, 170 P3d 1049…