STATE v. DAGUE

No. A-8914.

143 P.3d 988 (2006)

STATE of Alaska, Petitioner, v. Michele K. DAGUE, Respondent.

Court of Appeals of Alaska.

September 15, 2006.


Attorney(s) appearing for the Case

Kenneth M. Rosenstein, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Scott J. Nordstrand, Acting Attorney General, and David W. Márquez, Attorney General, Juneau, for the Petitioner.

Elizabeth Brennan and Quinlan Steiner, Assistant Public Defenders, and Barbara K. Brink, Public Defender, Anchorage, for the Respondent.

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


OPINION

MANNHEIMER, Judge.

In Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the United States Supreme Court held that when the maximum sentence for a defendant's crime hinges on an issue of fact, aside from the defendant's prior criminal convictions, the Sixth Amendment to the United States Constitution guarantees the defendant a right to jury trial on this issue of fact, and a...

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