State v. Reinke
Case #: S059760
Kistler, J. for the Court; Balmer, C.J.; Walters, J.; Linder, J.; and Landau, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/S059760.pdf
Sentencing: A defendant may be subject to an enhanced sentence absent a grand jury’s consideration of the enhancement factors.
Defendant appealed his sentence as a dangerous offender. A grand jury indicted Defendant of second-degree kidnapping. Prior to trial Defendant was notified that he would be sentenced as a dangerous offender if convicted. Defendant was subsequently convicted. At sentencing Defendant argued that the court could not impose a dangerous offender sentence on him because the grand jury did not consider the elements for such a finding and that the sentence violated the Oregon Constitution. The trial court rejected Defendant’s argument and sentenced him to 23 years. Defendant appealed. The Court of Appeals affirmed the sentence. The Oregon Supreme Court held that the Oregon Constitution did not require enhancement factors to be considered as part of the elements of the offense. Affirmed.