State v. Hopson

Defendant was convicted of first-degree sodomy, ORS 163.405, and first-degree kidnapping, ORS 163.235. At sentencing, the court determined that, under Blakely v. Washington, 542 US 296, 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), it could not make factual findings in support of consecutive sentences, ORS 137.123, but that it could make factual findings in support of a sexually violent dangerous offender sentence, under ORS 137.767, on the sodomy conviction. Defendant appealed, arguing that the court erred in imposing a…