The Sentencing Law and Policy blog, posts this: “Oregon Supreme Court applies Apprendi to consecutive sentences”. Read the Comments too.
Excerpt from the blog post:
“Providing a great reminder that there are still many unsettled Blakely issues, the Oregon Supreme Court today in State v. Ice, No. S52248 (Ore. Oct. 11, 2007) (available here), holds that the “federal constitution requires that a jury, rather than a judge, find the facts that Oregon law requires be present before a judge can impose consecutive sentences.” All Blakely fans should make the time to check out Ice….”