State v. Thomas

The state petitions for reconsideration of our decision in this case. 204 Or App 109, 129 P3d 212 (2006). In our initial opinion, we held that the imposition of dangerous offender sentences under ORS 161.725 without submitting the statutory requisites to a jury for determination was error apparent on the face of record in violation of defendant’s rights under the Sixth and Fourteenth Amendments to the United States Constitution. We therefore remanded for resentencing. In its petition for reconsideration, the state urges that our reasoning in State v. Warren, 195 Or App 656, 98 P3d 1129…