State v. Sanchez (2010)
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State v. Evans (2010)
In Sanchez , the defendant argued that, “in light of the United States Supreme Court’s decisions in Apprendi and Blakely , enhancement facts must be considered ‘elements’ of an aggravated form of the underlying offense and, as such, pursuant to the Oregon Constitution they must be found by a grand jury and pleaded in an indictment.” Id. at 263.
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State v. Evans (2010)
We write to address defendant's first and second assignments of error, which, as we explain below, fail under the reasoning in State v. Sanchez, 238 Or.App. 259, 263-67 , 242 P.3d 692, 695-96 (2010).