Legal Opinion
State v. Gornick
Court of Appeals of Oregon
Decided December 8, 2004No. 02C53376; A121042PublishedCited by 59 opinions
1Opinion of the CourtBrewer, C. J.
Defendant pleaded guilty to assault in the third degree. ORS 163.165. After accepting defendant’s guilty plea, the trial court found several aggravating factors that it deemed to be substantial and compelling reasons to impose an upward durational departure sentence. Defendant appeals, arguing that, under Blakely v. Washington, 542 US _, 124 S Ct 2531, 159 L Ed 2d 403 (2004), the trial court lacked authority to impose a departure sentence based on facts that were neither admitted to by defendant nor pleaded in the indictment, submitted to a jury, and proved beyond a reasonable doubt.…
2Cases cited22 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Brady v. United StatesSupreme Court of the United States · 1970
17 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- State v. GornickOregon Supreme Court · 2006
- State v. PerezCourt of Appeals of Oregon · 2004
- State v. RamirezCourt of Appeals of Oregon · 2006
- State v. AllenCourt of Appeals of Oregon · 2005
- State v. WardCourt of Appeals of Arizona · 2005
54 more not listed; retrieve them via the Exa API.