State v. Ross

Defendant pleaded no contest to first-degree theft. ORS 164.055. The trial court imposed a dispositional departure sentence after finding that the victim was particularly vulnerable and that defendant was not amenable to probation. On appeal, defendant argues that the sentence is unlawful under Blakely v. Washington, 542 US_, 124 S Ct 2531, 159 L Ed 2d 403 (2004), because he did not admit the aggravating factors on which the trial court based the departure sentence and the state neither pleaded them in the indictment nor proved them to a jury beyond a reasonable doubt. We remand for…