STATE of Minnesota, Respondent,
v.
James A. ALLEN, Appellant.
Supreme Court of Minnesota.https://leagle.com/images/logo.png
November 23, 2005.
November 23, 2005.
Attorney(s) appearing for the Case
John M. Stuart, State Public Defender, Benjamin J. Butler, Assistant State Public Defender, Office of the State Public Defender, Minneapolis, MN, for Appellant.
Mike Hatch, Attorney General, Thomas R. Ragatz, Assistant Attorney General, St. Paul, MN, Alan L. Mitchell, St. Louis County Attorney, Jeff Vlatkovich, Assistant County Attorney, Duluth, MN, for Respondent.
Heard, considered, and decided by the court en banc.
Supreme Court of Minnesota.
OPINION
PAGE, Justice.
In State v. Shattuck,704 N.W.2d 131 (Minn.2005), we held that the imposition of an upward durational departure from the presumptive sentence prescribed by the Minnesota Sentencing Guidelines, based solely on facts found by the judge, violates the Sixth Amendment right to trial by jury under Blakely v. Washington,542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed...
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