State v. Alexander

Defendant, who was convicted of second-degree burglary, first-degree theft, and second-degree theft, contends on appeal that the trial court erred in imposing an upward durational departure sentence on the burglary conviction. In particular, he argues that, because the state failed to satisfy the notice requirements of ORS 136.765 (2009),1 the trial court was not permitted to impose a departure sentence. As explained below, we agree with defendant, and therefore remand for resentencing.

The pertinent facts are not disputed. In May 2009, defendant was charged by indictment with the offenses on…