STATE v. McFEE

No. A05-283.

721 N.W.2d 607 (2006)

STATE of Minnesota, Respondent, v. Richard McFEE, Appellant.

Supreme Court of Minnesota.

September 21, 2006.


Attorney(s) appearing for the Case

Benjamin J. Butler, Asst. State Public Defender, Minneapolis, MN, for appellant.

Mike Hatch, Atty. General, Susan Gaertner, Ramsey County Atty., Mitchell L. Rothman, Asst. County Atty., St. Paul, MN, for respondents.

Heard, considered, and decided by the court en banc.


OPINION

GILDEA, Justice.

The question presented in this case is whether, consistent with United States Supreme Court precedent, juvenile adjudications can be used in calculating a defendant's criminal history score when the fact of those adjudications has been determined by a judge, not a jury. The Supreme Court has said that, "`[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum...

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