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STATE v. AVERY

No. A-9031.

130 P.3d 959 (2006)

STATE of Alaska, Petitioner, v. Lawrence AVERY, Respondent.

Court of Appeals of Alaska.

March 10, 2006.

Attorney(s) appearing for the Case

Diane L. Wendlandt, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and David W. Márquez, Attorney General, Juneau, for the Petitioner.

David K. Allen, Assistant Public Advocate, Fairbanks, and Joshua P. Fink, Public Advocate, Anchorage, for Respondent.

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

OPINION

COATS, Chief Judge.

In Blakely v. Washington,1 the United States Supreme Court held that "[a]ny fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt."2 Avery, who had been sentenced...

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