State v. Molette

Defendant appeals a judgment sentencing him to the presumptive sentence of life imprisonment without the possibility of release or parole, ORS 137.719, following his conviction for second-degree sexual abuse, ORS 163.375. The trial court determined that defendant had been sentenced to two prior felony sex crimes. Defendant argues that the trial court lacked authority to impose the presumptive sentence under ORS 137.719 because the state failed to prove the predicate facts, i.e., that he had received two prior sentences for felony sex crimes. Defendant also argues that the trial court erred by…