STATE of New Jersey, Plaintiff-Appellant and Cross-Respondent,
v.
Michael J. NATALE, Defendant-Respondent and Cross-Appellant.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 14, 2005.
Decided August 2, 2005.
Attorney(s) appearing for the Case
Jeanne Screen, Deputy Attorney General argued the cause for appellant and cross-respondent (Peter C. Harvey, Attorney General of New Jersey, attorney; Ms. Screen, Mark Paul Cronin, Deputy Attorney General and Carol M. Henderson, Assistant Attorney General, of counsel and on the briefs).
Edward J. Crisonino argued the cause for respondent and cross-appellant.
Linda Mehling, Assistant Deputy Public Defender, and Steven G. Sanders, Chatham, argued the cause for amici curiae, Office of the Public Defender and Association of Criminal Defense Lawyers of New Jersey (Yvonne Smith Segars, Public Defender, attorney for Office of the Public Defender and Arseneault Fassett & Mariano, attorneys for Association of Criminal Defense Lawyers of New Jersey; Ms. Mehling, Mr. Sanders and Marcia H. Blum, Assistant Deputy Public Defender, on the joint briefs).
Supreme Court of New Jersey.
Justice ALBIN delivered the opinion of the Court.
In Blakely v. Washington,542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the United States Supreme Court ruled that a sentence based on judicial factfinding that exceeds the maximum sentence authorized by either a jury verdict or a defendant's admissions at a plea hearing runs afoul of the Sixth Amendment right to trial by jury. That seemingly simple pronouncement...
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