Oregon Supreme Court

State of Oregon, Petitioner on Review v. Anastacio Ramirez, Respondent on Review

December 13, 2007343 Or. 505

Summary

The Oregon Supreme Court reversed the Court of Appeals’ decision that the trial judge’s upward‑departure sentencing findings constituted plain error, holding that the appellate court abused its discretion by reviewing an unpreserved Sixth‑Amendment error. The court affirmed the trial court’s judgment, leaving the sentencing as imposed.