State v. Carrera

"The consideration of prior juvenile adjudications in sentencing does not violate the sixth amendment, but, if the existence of a juvenile adjudication is offered as an enhancement factor to increase a criminal sentence, its existence must be proved to a trier of fact or admitted by a defendant for sentencing purposes following an informed and knowing waiver." State v. Harris, 339 Or 157, 175 (2005).

Defendant appealed a sentence of imprisonment by an attempted first-degree assault conviction. Defendant assigned error to the lower court who relied on Defendant’s prior juvenile offense to impose the sentence. On appeal, Defendant argued that the sentence should be categorized under block 8-D, where the sentences are shorter and presumptively range from 27-28 months. In State v. Harris, the court concluded that “the consideration of prior juvenile adjudications in sentencing does not violate the sixth amendment, but, if the existence of a juvenile adjudication if offered as an enhancement factor to increase a criminal sentence, its existence must be proved to a trier of fact or admitted by a Defendant for sentencing purposes following an informed and knowing waiver.” State v. Harris, 339 Or 157, 175 (2005). Defendant did not waive a jury as to the determination that he had had a prior juvenile adjudication for purposes of sentencing. The Court determined that although the lower court erred in determining Defendant’s prior criminal conviction, it did not err in imposing the sentence. Affirmed.