Legal Opinion

State v. Deslaurier

Court of Appeals of Oregon

Decided April 6, 2016No. 11CR0442; A152186PublishedCited by 3 opinions

1Opinion of the CourtOrtega, P. J.

Defendant challenges the sentence imposed by the trial court after the jury returned guilty verdicts on two counts of first-degree criminal mistreatment (Counts 1 and 3), ORS 163.205, and two counts of first-degree aggravated theft (Counts 2 and 4), ORS 164.057. She raises two assignments of error, asserting that the trial court erred by imposing $65,580.20 in restitution in the absence of a jury determination as to the appropriate amount and contending that the trial court erred when it failed to apply the “shift-to-I” rule in calculating her sentence. See OAR 213-012-0020(2) (a)(A), (B).

As…

2Cases cited13 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Oregon v. IceSupreme Court of the United States · 2009
  4. Southern Union Co. v. United StatesSupreme Court of the United States · 2012
  5. United States v. Roger Day, Jr.Court of Appeals for the Fourth Circuit · 2012

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3Cited by3 opinions

  1. Sarah Romines Skupa v. State of AlaskaCourt of Appeals of Alaska · 2022
  2. State of Iowa v. Caesar Charles DavisonSupreme Court of Iowa · 2022
  3. State v. RichCourt of Appeals of Oregon · 2026

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