Criminal Procedure keyed to Israel
Blakely v. Washington
Facts
The Petitioner pleaded guilty to second-degree kidnapping involving domestic violence and use of a firearm. In the state where Petitioner was before the court, second-degree kidnapping is classified as a crime that carries a maximum sentence of ten years. A state law, however, limits the range of sentences that a judge may impose for this crime; the law specifies a “standard range” of 49 to 53 months for second-degree kidnapping. If a judge finds “substantial and compelling reasons justifying an exceptional sentence,” the judge may impose a sentence above that standard range. The facts admitted in Petitioner’s plea, standing alone, supported a maximum sentence of 53 months. At sentencing, the judge, upon learning of the facts of the kidnapping, imposed an “exceptional” sentence of 90 months onto the Petitioner. The judge justified the sentence on the ground that the Petitioner acted with “deliberate cruelty,” a statutorily enumerated ground for departure from the permitt ed maximum sentence in domestic-violence cases. The Petitioner objected, and following a 3-day bench trial held by the judge, the judge adhered to his initial determination. The Petitioner argued that the sentencing procedure deprived him of his Sixth Amendment constitutional right to have a jury determine beyond a reasonable doubt all facts legally essential to his sentence.
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