State v. Buehler

Defendant pleaded guilty and was convicted of one count of delivery of marijuana for consideration, former ORS 475.992(2)(a) (2003), renumbered as ORS 475.860(2) (2005), and one count of unlawful possession of a controlled substance, former ORS 475.992(4)(a) (2003), renumbered as ORS 475.840(3)(a) (2005). On appeal, defendant argues that, under Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004), send Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), the trial court erred in imposing upward dispositional departure sentences based on facts that…