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Criminal Procedure Keyed to Chemerinsky
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Blakely v. Washington
Citation:
542 U.S. 296 (2004)Facts
Blakely (Petitioner) pleaded guilty to kidnapping his estranged wife. The facts admitted in his plea supported a maximum sentence of 53 months, because second-degree kidnapping was a class B felony in Washington. However, the court imposed an “exceptional” sentence of 90 months after making a determination that he had acted with “deliberate cruelty.” The facts supporting this determination were neither admitted by the defendant or proven by a jury. Blakely appealed his sentence.
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Sixth Amendment Rights