State v. Mitchell

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Mitchell, 206 Or App 586, 138 P3d 60 (2006), in light of State v. Ramirez, 343 Or 505, 173 P3d 817 (2007), adh’d to as modified on recons, 344 Or 195, 179 P3d 673 (2008), and State v. Fults, 343 Or 515, 173 P3d 822 (2007). State v. Mitchell, 345 Or 175, 190 P3d 1237 (2008). In Mitchell I, we vacated defendant’s sentences and remanded for resentencing because the trial court had imposed departure sentences based on judicial findings that defendant was persistently involved in similar offenses.…