State v. Stoddard
State v. Stoddard
Opinion of the Court
*460Defendant was convicted of first-degree assault, ORS 163.185, (Count 1), two counts of assaulting a public safety officer, ORS 163.208, (Counts 4 and 6), second-degree escape, ORS 162.155, (Count 5), unauthorized use of a vehicle, ORS 164.135, (Count 8), unlawful possession of a firearm, ORS 166.250, (Count 11), and resisting arrest, ORS 162.315, (Count 12).
Defendant argues that the sentencing court plainly erred when it imposed the departure sentences because it did not state the basis for them on the record, and because the state did not give notice of or prove any departure factors to the jury at trial and the record does not reflect that defendant waived his right to have a jury determine such factors. See State v. Frinell ,
Remanded for resentencing; otherwise affirmed.
Count 10 of the indictment was dismissed before trial. The jury returned guilty verdicts on Counts 2, 3, 7, and 9 of the indictment, and the sentencing court merged those counts with other counts on which it imposed convictions in the judgment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.