[Download] "State v. Bruce" by In the Court of Appeals of the State of Oregon " Book PDF Kindle ePub Free
eBook details
- Title: State v. Bruce
- Author : In the Court of Appeals of the State of Oregon
- Release Date : January 29, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Bruce, 201 Or App 295, 118 P3d 279 (2005) (Bruce I), in light of State v. Ramirez, 343 Or 505, 173 P3d 817 (2007), adhd to as modified on recons, 344 Or 195, 179 P3d 673 (2008), and State v. Fults, 343 Or 515, 173 P3d 822 (2007). State v. Bruce, 345 Or 315, 195 P3d 62 (2008). In Bruce I, we vacated defendants sentences and remanded for resentencing because the trial court had imposed departure sentences based on a judicial finding that defendant was persistently involved in similar offenses. That factfinding constituted plain error, and we exercised our discretion to correct it. The issue before us on remand is whether, in light of Ramirez and Fults, we properly exercised our discretion under Ailes v. Portland Meadows, Inc., 312 Or 376, 381-82, 823 P2d 956 (1991). We conclude that our exercise of discretion in Bruce I was erroneous. Accordingly, we affirm.
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