Facts of the Case

Thomas Eugene Ice was convicted in state court in Oregon on two counts of first-degree burglary with intent to commit sexual abuse, as well as two counts of first-degree sexual abuse committed during those burglaries. Over Ice's objection, the trial court imposed consecutive sentences based on its own findings of fact. Ice appealed, raising the question whether the Oregon or U.S. Constitutions require a jury, rather than a judge, to make the factual findings upon which a court decides to prescribe consecutive sentences.

The Oregon Court of Appeals held that the consecutive sentences were not in violation of the State's Constitution because none of the factual issues reviewed by the judge were an "element" of the crime. However, the sentences did violate the Sixth Amendment of the U.S. Constitution because the factual findings were not made by a jury but were used to increase Ice's punishment to more than what the jury had imposed.

Question

Do consecutive sentences imposed upon a criminal defendant based on factual findings made by a judge, rather than jury, violate the Sixth Amendment of the United States Constitution?

Conclusion

None