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MILLIGROCK v. STATE

No. A-8733.

118 P.3d 11 (2005)

Spike MILLIGROCK, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

July 29, 2005.

Attorney(s) appearing for the Case

J. John Franich, Assistant Public Advocate, Fairbanks, and Joshua P. Fink, Public Advocate, Anchorage, for the Appellant.

Terisia K. Chleborad, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for the Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

MANNHEIMER, Judge.

In this appeal, the defendant asserts that his sentence was unlawfully increased based on three aggravating factors that were found by his sentencing judge rather than a jury. The defendant argues that this procedure violated his right to jury trial as announced in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004).

But, as we explain here, two of the...

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