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STATE v. COBB

895 A.2d 972 (2006)

2006 ME 43

STATE of Maine v. Walter S. COBB II.

Supreme Judicial Court of Maine.

Decided: April 28, 2006.

Attorney(s) appearing for the Case

R. Christopher Almy, District Attorney, C. Daniel Wood, Asst. Dist. Attorney, Bangor, for State.

Kirk D. Bloomer, Esq., Bloomer Law Office, P.A., Bangor, for defendant.

Panel: SAUFLEY, C.J., and CLIFFORD, DANA, ALEXANDER, CALKINS, LEVY, and SILVER, JJ.

SAUFLEY, C.J.

[¶ 1] We are called upon here to answer this question: In applying 17-A M.R.S.A. § 1252(2)(A) (Supp.2003),1 must a defendant be afforded the opportunity to have a jury determine whether the defendant's "serious criminal history" warrants a sentence in the upper tier if the nature and seriousness of the defendant's crime alone do not warrant a sentence in the upper...

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