State v. Fernaays

Defendant appeals from a judgment of conviction for robbery in the first degree, ORS 164.415, arguing, inter alia, that the trial court erred by imposing a departure sentence because defendant did not execute a written waiver of his right to have the alleged enhancement factors tried to a jury.1 ORS 136.770; ORS 136.773; Or Const, Art I, § 11. As amplified below, (1) although the trial court’s noncompliance with ORS 136.770 and ORS 136.773 constituted “plain error,” we decline to exercise our discretion to remedy that statutory error; and (2) the trial court’s purported noncompliance with…