State v. Reinke

Summary

The Oregon Supreme Court held that Article VII (Amended), section 5, and Article I, section 11, of the Oregon Constitution do not require a grand jury to find and plead sentence-enhancement facts supporting a dangerous-offender sentence. The court reaffirmed its prior decision in State v. Wagner and related cases, concluding that the indictment need only allege the elements of the underlying offense. The court affirmed the Court of Appeals and the circuit court judgment.

Holdings

1. Article VII (Amended), section 5, requires the grand jury to find and plead only the elements of the legislatively defined felony; it does not require the grand jury to find or the indictment to plead facts that authorize an enhanced sentence.
2. The Notice Clause of Article I, section 11, does not require an indictment to allege sentence-enhancement facts that are not elements of the charged crime.
3. The Jury Trial Clause guarantees a jury trial concerning facts that the jury must find, but it does not require the grand jury to find or the indictment to plead sentence-enhancement facts.

Questions Presented

1. Whether Article VII (Amended), section 5, of the Oregon Constitution requires a grand jury to find and an indictment to plead facts supporting a dangerous-offender sentence.
2. Whether the Notice Clause of Article I, section 11, of the Oregon Constitution requires sentence-enhancement facts to be alleged in the indictment.
3. Whether the Jury Trial Clause of Article I, section 11, requires the grand jury to find and the indictment to plead sentence-enhancement facts.

Disposition

affirmed