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Court of Appeals of Oregon· 12/8/2004

State v. Perez

Citations

  • 102 P.3d 705
  • 196 Or. App. 364
  • 2004 Ore. App. LEXIS 1620

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that error was apparent on the face of the record where trial court imposed upward departure sentence based on judicial factfinding
  • concluding that fact defendant was on parole or probation was related to prior conviction, but procedural safeguards discussed in Apprendi did not apply to this fact, and, therefore, fact must be proved to jury beyond reasonable doubt
  • concluding that fact defendant was on parole or probation was related to prior conviction, but procedural safeguards discussed in Apprendi did not apply to this fact, and, therefore, fact must be proved to jury beyond reasonable doubt
  • concluding that fact defendant was on parole or probation was related to prior conviction, but procedural safeguards discussed in Apprendi did not apply to this fact, and, therefore, fact must be proved to jury beyond reasonable doubt
  • holding that the fact that defendant was on parole or probation at the time of the offense was not a fact of a prior conviction for purposes of Apprendi because the same \procedural safeguards\ attached to a fact of a prior conviction had not attached to that fact
  • determining that imposition of departure sentences based on any factor other than the fact of a prior conviction is plain error; exercising discretion to reach the error

Source: CourtListener parenthetical corpus (CC0).

Judges: Landau, Brewer, Armstrong

Read full opinion on CourtListener

Cited by

135 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

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