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STATE v. VIGIL

CFH020189; A121435.

106 P.3d 656 (2005)

197 Or. App. 407

STATE of Oregon, Respondent, v. Phillip Gilberto VIGIL, Appellant.

Court of Appeals of Oregon.

Decided February 9, 2005.

Attorney(s) appearing for the Case

Jamesa Drake, Deputy Public Defender, argued the cause for appellant. On the brief were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Rebecca Duncan, Chief Deputy Public Defender, Office of Public Defense Services.

Doug Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C.J.

A jury convicted defendant of nine offenses. At sentencing, the trial court ordered that defendant not be considered for temporary leave, earned time sentence reductions, early and work release, or other forms of sentence modification. ORS 137.750; ORS 137.752. On appeal, defendant argues that, because the denial was based on a fact found by the court rather than by the jury, his sentence is unlawful under Apprendi v. New Jersey,

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