State v. Ice

204 P.3d 1290, 346 Or. 95, 2009 Ore. LEXIS 12

• Court: Oregon Supreme Court
• Decided: March 26, 2009
• Docket: CC 99C49779; CA A111668; SC S052248
• Status: Published

Opinion

PER CURIAM

In State v. Ice, 343 Or 248, 170 P3d 1049 (2007), this court rejected defendant’s contention that Article I, section 11, of the Oregon Constitution requires that a jury, rather than a judge, find the facts that, under Oregon law, must be present before a judge can impose consecutive sentences. At the same time, however, the court held that the Sixth Amendment to the United States Constitution, as interpreted by the United States Supreme Court in Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), and Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004), does impose such a requirement. On certiorari, the United States Supreme Court reversed and remanded, holding that, contrary to this court’s decision, the Sixth Amendment does not prohibit states from assigning to judges, rather than to juries, the task of finding the facts necessary for imposition of consecutive sentences. Oregon v. Ice, 555 US_, 129 S Ct 711, 172 L Ed 2d 517 (2009). On remand, we modify the part of the court’s previous opinion that addresses the jury trial provision in the Sixth Amendment: We now hold that the trial court did not violate defendant’s Sixth Amendment rights when it imposed a consecutive sentence based on the trial judge’s fact-finding. We adhere to the court’s earlier conclusion that Article I, section 11, of the Oregon Constitution similarly does not require that a jury make the factual findings necessary for imposition of consecutive sentences.

The court’s decision in State v. Ice, 343 Or 248, 170 P3d 1049 (2007), is modified. The decision of the Court of Appeals and the judgment of the circuit court are affirmed.