STATE v. SCHOFIELD


895 A.2d 927 (2005)

2005 ME 82

STATE of Maine v. Sally A. SCHOFIELD.

Supreme Judicial Court of Maine.

Reargued: September 23, 2004.

Decided: June 29, 2005.

Opinion on Rehearing November 16, 2005.


Attorney(s) appearing for the Case

G. Steven Rowe, Atty. Gen., Charles K. Leadbetter, State Sol. (orally), William R. Stokes, Deputy. Atty. Gen. (orally), Augusta, for State.

Jed Davis (orally), Aglaia Davis (orally), Jim Mitchell and Jed Davis, P.A., Augusta, for defendant.

Dissent: CLIFFORD, RUDMAN, and ALEXANDER, JJ.


DANA, J.

[¶ 1] In this appeal we consider the United States Supreme Court's recent Sixth Amendment jurisprudence as applied to an upper tier sentence — one greater than twenty years of imprisonment — based on a defendant's conviction of a Class A crime imposed pursuant to 17-A M.R.S.A. § 1252(2)(A) (Supp.2001).

[¶ 2] Pursuant to 15 M.R.S.A. §§ 2151-2157 (2003) and M.R.App. P. 20, Sally A. Schofield was granted leave to...

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