State v. Reinke

Ordinarily, a trial court may impose up to a 10-year prison sentence on persons convicted of second-degree kidnapping. See ORS 161.605(2). However, if the court or a jury makes certain factual findings, the court may sentence a person convicted of second-degree kidnapping as a dangerous offender and impose a 30-year prison sentence. See ORS 161.725(l)(b) (authorizing the imposition of that sentence). The question in this case is whether the Oregon Constitution requires that the facts necessary to impose a dangerous offender sentence be found by the grand jury and pleaded in the indictment.…