Legal Opinion
State v. Perez
Court of Appeals of Oregon
Decided December 8, 2004No. 0201-30132; A119741PublishedCited by 148 opinions
1Opinion of the CourtBrewer, C. J.
Defendant appeals a judgment convicting him of possession and delivery of a controlled substance. ORS 475.992(l)(b); ORS 475.992(4)(b). We write only to address defendant’s argument that the trial court erred in imposing departure sentences on those counts; we reject his other assignments of error without discussion. Defendant argues that the departure sentences are unlawful under Blakely v. Washington, 542 US_, 124 S Ct 2531, 159 L Ed 2d 403 (2004), and Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), because the trial court based the sentences on aggravating…
2Cases cited15 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Duncan v. LouisianaSupreme Court of the United States · 1968
10 more not listed; retrieve them via the Exa API.
3Cited by148 opinions
- State v. FaganSupreme Court of Connecticut · 2006
- State v. RamirezCourt of Appeals of Oregon · 2006
- State v. PerezOregon Supreme Court · 2006
- State v. AllenCourt of Appeals of Oregon · 2005
- State v. AllenCourt of Appeals of Oregon · 2005
143 more not listed; retrieve them via the Exa API.