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STATE v. DETTMAN

No. A04-975.

696 N.W.2d 812 (2005)

STATE of Minnesota, Respondent, v. Douglas A. DETTMAN, Appellant.

Court of Appeals of Minnesota.

May 24, 2005.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Raymond F. Schmitz, Olmsted County Attorney, Daniel P.H. Reiff, Assistant County Attorney, Rochester, MN, for respondent.

John M. Stuart, State Public Defender, Richard Schmitz, Assistant State Public Defender, Minneapolis, MN, for appellant.

Considered and decided by SHUMAKER, Presiding Judge; TOUSSAINT, Chief Judge; and CRIPPEN, Judge.

OPINION

GORDON W. SHUMAKER, Judge.

On postconviction appeal, appellant contends that the district courts imposition of an upward durational departure from the presumptive sentence for first-degree criminal sexual conduct violated his Sixth Amendment right to a jury trial under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Because the sentence was based on judicial findings of fact that...

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