State v. Henson

This case is before us on remand from the Oregon Supreme Court, which vacated our prior decision, State v. Henson, 203 Or App 596, 125 P3d 1271 (2006) (Henson I), in light of State v. Ramirez, 343 Or 505, 173 P3d 817 (2007), adh’d, to as modified on recons, 344 Or 195, 179 P3d 673 (2008). State v. Henson, 345 Or 315, 195 P3d 63 (2008). In Henson I, we remanded for resentencing because the court had imposed upward departure sentences on defendant’s convictions for first-degree arson based on judicial factfinding, in violation of his jury trial rights under the Sixth Amendment to the United…