Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Oregon v. Ice

The issue in this case is whether the 6th Amendment requires that facts other than prior convictions be found by the jury or admitted by the defendant in order to impose consecutive sentences. Defendant in this case was convicted of two acts of first degree sexual abuse and burglary. Upon his conviction the circuit court imposed consecutive sentences based on its own factual findings. On appeal, the reviewing court found that defendant’s right to a jury trial were not violated because none of the three findings at issue went to an element of any crime for which defendant was to be punished. However the court did violate his 6th amendment rights when it imposed consecutive sentences based on this fact finding. As a result of this, the ct. of appeals decision was reversed and remanded to the Circuit Ct. leading to an appeal by Oregon to the Supreme Court.



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