State v. Guyette

Defendant appeals a judgment convicting him of a number of crimes. In his sole assignment of error, defendant contends that the trial court erred in imposing an upward departure sentence on his conviction for second-degree kidnapping. Pursuant to ORS 136.765, the state provided notice of its intent to rely on enhancement facts to increase defendant’s sentence. 1 However, defendant asserts that the “trial court lacked the authority to impose a departure sentence because the state did not file notice of intent to rely on enhancement facts at sentencing with the court.” (Boldface omitted;…