State v. Lamarsh

Court of Appeals of Oregon

State v. Lamarsh

206 P.3d 1103, 227 Or. App. 628, 2009 Ore. App. LEXIS 300

CourtCourt of Appeals of Oregon

DecidedApril 22, 2009

DocketCR0600226; A134428

StatusPublished

Cited by1 cases

This text of 206 P.3d 1103 (State v. Lamarsh) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Lamarsh, 206 P.3d 1103, 227 Or. App. 628, 2009 Ore. App. LEXIS 300 (Or. Ct. App. 2009).

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Opinion

PER CURIAM

Defendant was convicted of eight counts of first-degree sexual abuse, ORS 163.427. The trial court sentenced defendant to consecutive 75-month sentences under ORS 137.700 (Measure 11). On appeal, defendant contends that the trial court erred in imposing Measure 11 sentences based on its own factual finding that his offenses occurred after the effective date of Measure 11. The state concedes that the trial court erred in that regard and that the case must be remanded for resentencing. Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004); Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000). We agree and accept the state’s concession.

Remanded for resentencing; otherwise affirmed.

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PER CURIAM

Defendant was convicted of eight counts of first-degree sexual abuse, ORS 163.427. The trial court sentenced defendant to consecutive 75-month sentences under ORS 137.700 (Measure 11). On appeal, defendant contends that the trial court erred in imposing Measure 11 sentences based on its own factual finding that his offenses occurred after the effective date of Measure 11. The state concedes that the trial court erred in that regard and that the case must be remanded for resentencing. Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004); Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000). We agree and accept the state’s concession.

Remanded for resentencing; otherwise affirmed.

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Bluebook (online)

206 P.3d 1103, 227 Or. App. 628, 2009 Ore. App. LEXIS 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lamarsh-orctapp-2009.

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