FILED: April 27, 2005
IN THE COURT OF APPEALS OF THE STATE OF OREGON
STATE OF OREGON,
Alexander Jenkins, II,
Appeal from Circuit Court, Multnomah County.
Linda L. Bergman, Judge.
Argued and submitted March 31, 2005.
James N. Varner argued the cause and filed the briefs for appellant.
Joanna L. Jenkins, Assistant Attorney General, argued the cause for respondent.
With her on the brief were Hardy Myers, Attorney General, and Mary H.
Williams, Solicitor General.
Before Haselton, Presiding Judge, and Linder and Ortega,* Judges.
Reversed and remanded for resentencing.
* Ortega, J., vice Richardson, S. J.
Defendant appeals his convictions and sentences for felon in possession of
a firearm, ORS 166.270, unlawful use of a weapon, ORS 166.220, and unlawful
possession of a firearm, ORS 166.250. We affirm defendant's convictions without
discussion. On defendant's conviction for felon in possession, the trial court imposed an
upward durational departure sentence based on a finding that defendant was on
supervision at the time of the crime. Defendant asserts that the imposition of the
departure sentence violates his Sixth Amendment rights as set forth in Blakely v.
Washington, 542 US ___, 124 S Ct 2531, 159 L Ed 2d 403 (2004), and that the error,
although unpreserved, is apparent on the face of the record. We agree. See State v.
Perez, 196 Or App 364, 371-72, 102 P3d 705 (2004) (treating similar departure sentence
as plain error).
The state contends that