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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 CourtListener

Cited by

10 cases in this archive cite this case.

Cites

9 cases in this archive are cited by this case.

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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.