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A Blakely Challenge to Sentencing that Doesn't Involve an Upward Departure

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by: Ryan Scott • August 30, 2017 • no comments

Don't forget that juvenile adjudications are also Blakely factors. See State v. Lafferty.

This means the state must give timely notice, and it must submit the adjudication to the jury. If it fails in any way to comply with the statutory or constitutional requirements of sentence enhancement, then the juvenile adjudication cannot be used to increase defendant's criminal history score.