Troy S. SMART, Appellant,
v.
STATE of Alaska, Appellee.
Jayme Sobocienski, Appellant,
v.
State of Alaska, Appellee.
Court of Appeals of Alaska.https://leagle.com/images/logo.png
October 27, 2006.
October 27, 2006.
Attorney(s) appearing for the Case
Quinlan Steiner (opening brief) and Linda K. Wilson (reply brief), Assistant Public Defenders, and Barbara K. Brink (opening brief) and Quinlan Steiner (reply brief), Public Defenders, Anchorage, for the Appellant in No. A-9025.
Joshua Fink, Public Advocate, Anchorage, as amicus curiae aligned with the Appellant. Timothy W. Terrell, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and David W. Márquez, Attorney General, Juneau, for the Appellee in No. A-9025.
David W. Miner, Seattle, Washington, and Joshua Fink, Public Advocate, Anchorage, for the Appellant in No. A-9037.
Timothy W. Terrell, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and David W. Márquez, Attorney General, Juneau, for the Appellee in No. A-9037.
Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.
Court of Appeals of Alaska.
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, under the Sixth and Fourteenth Amendments, a criminal defendant has the right to trial by jury—including the right to demand proof beyond a reasonable doubt—on any issue of fact (other than a prior conviction...
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