Defendant appeals a judgment convicting him of a number of crimes. In his sole assignment of error, defendant contends that the trial court erred in imposing an upward departure sentence on his conviction for second-degree kidnapping. Pursuant to ORS 136.765, the state provided notice of its intent to rely on enhancement facts to increase defendant’s sentence. 1 However, defendant asserts that the “trial court lacked the authority to impose a departure sentence because the state did not file notice of intent to rely on enhancement facts at sentencing with the court.” (Boldface omitted; emphasis added.) In his view, “[b]y providing notice of intent to rely on enhancement facts at sentencing, the state is alleging aggravated versions of the offenses contained in the indictment” and, for that reason, “the court must receive some description of these new allegations in order to have authority to rule on them.” We disagree.

As the state notes, ORS 136.765(2) does not, by its terms, require that the notice be filed with the trial court. Furthermore, defendant’s arguments in support of his position that the notice must be filed with the trial court in order for the court to be able to impose an upward departure sentence are foreclosed by our decisions in State v. Sanchez, 238 Or App 259, 242 P3d 692 (2010), and State v. Evans, 238 Or App 523, 242 P3d 738 (2010). Accordingly, the trial court did not err in imposing an upward departure sentence.

Affirmed.