State v. Brown

This case returns to us on remand from the Supreme Court. State v. Brown, 344 Or 670, 189 P3d 25 (2008). After a trial to the jury, defendant was convicted of two counts of sodomy in the first degree. ORS 163.405. The court sentenced defendant and imposed an upward departure sentence. On appeal, defendant argues that the upward departure was erroneous because it was based on facts that defendant did not admit and that had not been found by a jury, in violation of the Sixth Amendment as enunciated in Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), and Blakely v.…