Court of Appeals of Oregon July 19, 2007, C030767CR; A123657 (State v. Ramirez)

LANDAU, P. J.

The state petitions for reconsideration of our opinion, State v. Ramirez, 205 Or App 113, 133 P3d 343 (2006), in which we concluded that the trial court committed plain error when it imposed a departure sentence based on its own findings of fact. The state argues that our opinion is at odds with the Supreme Court’s decision in State v. Perez, 340 Or 310, 131 P3d 168 (2006).