State v. Webster
Court of Appeals of Oregon
1Opinion of the CourtWollheim, J.
Defendant was convicted after a jury trial of failure to perform the duties of a driver when property is damaged, ORS 811.700. The sentencing court imposed restitution under ORS 811.706, which permits the imposition of restitution for accident-related damages upon a finding that the defendant caused the accident that gave rise to the duties on which the conviction was based. Defendant contended that, under the Sixth Amendment to the United States Constitution, as construed in Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), and Blakely v. Washington, 542 US 296, 124…
2Cases cited8 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Barrett v. BellequeOregon Supreme Court · 2008
- State v. KappelmanCourt of Appeals of Oregon · 1999
- State v. McMillanCourt of Appeals of Oregon · 2005
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