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eBook details

• Title: State v. Allen
• Author : Supreme Court of Montana
• Release Date : January 23, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

In State v. Shattuck, 704 N.W.2d 131 (Minn. 2005), we held that the imposition of an upward durational departure from the presumptive sentence prescribed by the Minnesota Sentencing Guidelines, based solely on facts found by the judge, violates the Sixth Amendment right to trial by jury under Blakely v. Washington, 542 U.S. 296 (2004). In this case, we are asked to decide whether an upward dispositional departure executing the presumptive stayed sentence under the guidelines, based on judicially found facts without the aid of a jury, is also unconstitutional under Blakely. We are further asked to decide whether the Sixth Amendment jury-trial guarantee prohibits the district court from assigning a custody-status point in determining the defendants criminal history score under the guidelines. We answer the first question in the affirmative and the second one in the negative. We therefore reverse the decision of the court of appeals and remand to the district court for resentencing.

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