State v. Dilts

This case is before us on remand from the United States Supreme Court. In our prior decision, we affirmed defendant’s conviction and sentence for assault. State v. Dilts, 336 Or 158, 82 P3d 593 (2003) (Dilts I). Defendant petitioned for a writ of certiorari from the United States Supreme Court, and the Court vacated the judgment in Dilts I and remanded the case to us for further consideration in light of the Court’s decision in Blakely v. Washington, 542 US_, 124 S Ct 2531, 159 L Ed 2d 403 (2004). Dilts v. Oregon, 542 US_, 124 S Ct 2906, 159 L Ed 2d 809 (2004). For the reasons that follow, we…