Summary
granting certiorari to address whether the Sixth Amendment, as construed in Apprendi and Blakely, requires facts (other than prior convictions) necessary to imposing consecutive sentences be found by the jury
Summary of this case from Gibbs v. BellequeOpinion
No. 07–901.
2008-03-17
OREGON, petitioner, v. Thomas Eugene ICE.
Case below, 343 Or. 248, 170 P.3d 1049.
Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Oregon granted limited to the following question: Whether the Sixth Amendment, as construed in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), requires that facts (other than prior convictions) necessary to imposing consecutive sentences be found by the jury or admitted by the defendant.