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STATE v. SMART

Nos. S-12493, S-12543.

202 P.3d 1130 (2009)

STATE of Alaska, Petitioner, v. Troy SMART, Respondent. State of Alaska, Petitioner, v. Henry Douglas, Respondent.

Supreme Court of Alaska.

February 27, 2009.

Attorney(s) appearing for the Case

Timothy W. Terrell, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Talis J. Colberg, Attorney General, Juneau, for Petitioner.

Linda K. Wilson, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for Respondents.

Joshua P. Fink, Public Advocate, Anchorage, for Amicus Curiae Office of Public Advocacy.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, CARPENETI, and WINFREE, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The question presented in these two cases is whether the right to a jury trial announced in Blakely v. Washington1 should be retroactively applied to two state defendants, Troy Smart and Henry Douglas, whose sentences were final before June 24, 2004, when Blakely was decided. Blakely requires that any fact—except a fact admitted by the defendant...

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