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State v. Braaten

Oregon Court of Appeals
Mar 11, 2009
204 P.3d 117 (Or. Ct. App. 2009)

Opinion

Nos. 05C52601, 05C54468, 06C41139, 06C49896; A134921 (Control), A134922, A134923, A134924

Submitted October 30, 2008.

March 11, 2009.

Appeal from the Marion County Circuit Court. Susan M. Tripp, Judge.

Peter Gartlan, Chief Defender, and Joshua B. Crowther, Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Doug M. Petrina, Assistant Attorney General, filed the brief for respondent.

Before Rosenblum, Presiding Judge, and Brewer, Chief Judge, and Riggs, Senior Judge.


PER CURIAM

Affirmed.


Defendant was convicted of three counts of first-degree theft (Counts 1, 2, and 3) and one count of attempted theft. In a separate case, defendant was convicted of second-degree theft. At a consolidated sentencing hearing, the trial court imposed consecutive durational departure sentences on Counts 1, 2, and 3. The court imposed the sentences to be served consecutively to one another and consecutively to the sentence imposed on defendant's separate second-degree theft conviction. Defendant advances an unpreserved challenge to the trial court's authority to order that the sentences be served consecutively in the absence of findings of fact by the jury. In light of Oregon v. Ice, 555 US ___, 129 S Ct 711, 172 L Ed 2d 517 (2009), the trial court did not err.

Affirmed.


Summaries of

State v. Braaten

Oregon Court of Appeals
Mar 11, 2009
204 P.3d 117 (Or. Ct. App. 2009)
Case details for

State v. Braaten

Case Details

Full title:STATE OF OREGON, Plaintiff-Respondent, v. LYLE ALLEN BRAATEN…

Court:Oregon Court of Appeals

Date published: Mar 11, 2009

Citations

204 P.3d 117 (Or. Ct. App. 2009)
204 P.3d 117