State v. HOLLINGQUEST
Court of Appeals of Oregon
1Opinion of the CourtBrewer, C. J.
Defendant, who was convicted of first-degree manslaughter, ORS 163.118, and felon in possession of a firearm, ORS 166.270, argues that the trial court erred in failing to appropriately resentence him after a previous remand by this court. As explained below, we agree with defendant and remand for resentencing.
Defendant originally was sentenced in 2002. The trial court imposed an upward departure sentence of 240 months’ imprisonment on the manslaughter conviction, based on judicial factfinding that defendant was on supervision at the time of the offense and that he had been persistently…
2Cases cited17 opinions
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Schriro v. SummerlinSupreme Court of the United States · 2004
- State v. RogersOregon Supreme Court · 2000
- State v. DiltsOregon Supreme Court · 2004
- In Re Complaint as to the Conduct of EadieOregon Supreme Court · 2001
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3Cited by5 opinions
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