State v. Teigen

Court of Appeals of Oregon

State v. Teigen

114 P.3d 539, 200 Or. App. 387, 2005 Ore. App. LEXIS 770

CourtCourt of Appeals of Oregon

DecidedJune 22, 2005

Docket030955; A122877

StatusPublished

This text of 114 P.3d 539 (State v. Teigen) 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. Teigen, 114 P.3d 539, 200 Or. App. 387, 2005 Ore. App. LEXIS 770 (Or. Ct. App. 2005).

Pincite

Opinion

PER CURIAM

Defendant pleaded guilty to felony assault in the fourth degree. The trial court imposed a departure sentence based on a finding of persistent involvement in similar offenses. On appeal, defendant argues that the sentence is unlawful because it is based on facts not admitted or found by a jury, in violation of Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004). The state concedes that, in light of our decision in State v. Perez, 196 Or App 364, 102 P3d 705 (2004), rev allowed, 338 Or 488 (2005), defendant is correct. We accept the concession.

Sentence vacated; remanded for resentencing; otherwise affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM

Defendant pleaded guilty to felony assault in the fourth degree. The trial court imposed a departure sentence based on a finding of persistent involvement in similar offenses. On appeal, defendant argues that the sentence is unlawful because it is based on facts not admitted or found by a jury, in violation of Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004). The state concedes that, in light of our decision in State v. Perez, 196 Or App 364, 102 P3d 705 (2004), rev allowed, 338 Or 488 (2005), defendant is correct. We accept the concession.

Sentence vacated; remanded for resentencing; otherwise affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

114 P.3d 539, 200 Or. App. 387, 2005 Ore. App. LEXIS 770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-teigen-orctapp-2005.

Opinion

Related

Cite This Page — Counsel Stack