State v. Clark

Defendant pleaded guilty to 22 offenses. For three of the convictions, each for identity theft, the court imposed consecutive sentences and, pursuant to ORS 137.750, denied consideration for leave, release, or other sentence modification programs. On appeal, defendant makes the preserved assignment of error that the trial court violated his Sixth Amendment right to a jury trial by denying him consideration for leave, release, and other sentence modification programs under ORS 137.750 1 based on findings of fact to which he did not admit and that a jury did not find beyond a reasonable doubt.…