Court of Appeals of Oregon· 5/21/2008
State v. Clark
Citations
- 185 P.3d 516
- 220 Or. App. 197
- 2008 Ore. App. LEXIS 697
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that, although the defendant pleaded guilty, he did not waive his right to have a jury find the applicable sentencing factors; waiver is an intentional relinquishment or abandonment of a known right or privilege, and court declined to infer waiver from a silent record
- when defense counsel raised issue at sentencing pertaining to factfinding on sentence enhancement facts, court attempted at sentencing to clarify the scope of the defendant’s waiver
- although the defendant pleaded guilty, he did not waive his right to have a jury find the applicable sentencing factors; waiver is an intentional relinquishment or abandonment of a known right or privilege and court declined to infer waiver from a silent record
Source: CourtListener parenthetical corpus (CC0).
Judges: Haselton, Armstrong, Rosenblum
Read full opinion on CourtListenerCited by
10 cases in this archive cite this case.
- State v. AustinCourt of Appeals of Oregon· 2021-12-01· cited 15×
- State v. LaffertyCourt of Appeals of Oregon· 2011-02-16· cited 4×
- State v. StewartCourt of Appeals of Oregon· 2010-12-01· cited 4×
- State v. GillilandCourt of Appeals of Oregon· 2008-10-29· cited 3×
- State v. ToqueroCourt of Appeals of Oregon· 2009-05-27· cited 3×
- State v. MeadeCourt of Appeals of Oregon· 2008-08-13· cited 3×
- State v. PawlowskiCourt of Appeals of Oregon· 2008-07-23· cited 3×
- State v. BrownCourt of Appeals of Oregon· 2008-12-24· cited 2×
- State v. BrownCourt of Appeals of Oregon· 2009-04-01· cited 1×
- State v. ClarkCourt of Appeals of Oregon· 2008-05-21
Cites
9 cases in this archive are cited by this case.
- Blakely v. WashingtonSupreme Court· 2004-06-24· cited 13,994×
- Boykin v. AlabamaSupreme Court· 1969-06-02· cited 12,640×
- Johnson v. ZerbstSupreme Court· 1938-05-31· cited 10,545×
- State v. GornickOregon Supreme Court· 2006-03-09· cited 282×
- State v. MeyrickOregon Supreme Court· 1992-04-23· cited 136×
- State v. PerezOregon Supreme Court· 2006-03-30· cited 67×
- State v. ProbstOregon Supreme Court· 2005-12-22· cited 61×
- State v. FryCourt of Appeals of Oregon· 2002-03-20· cited 19×
- State v. WigglesworthCourt of Appeals of Oregon· 2003-02-19· cited 7×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.