State v. Ramirez

The state petitions for reconsideration of our opinion, State v. Ramirez, 205 Or App 113, 133 P3d 343 (2006), in which we concluded that the trial court committed plain error when it imposed a departure sentence based on its own findings of fact. The state argues that our opinion is at odds with the Supreme Court’s decision in State v. Perez, 340 Or 310, 131 P3d 168 (2006). We have carefully reviewed the state’s arguments but, for the reasons that follow, we find them unpersuasive. We therefore adhere to our original opinion.

We begin with a brief recapitulation of our original opinion and its…