A Blakely Challenge to Sentencing that Doesn't Involve an Upward Departure
From OCDLA Library of Defense
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by: Ryan Scott • August 30, 2017 • no comments
(Created page with "<summary>Don't forget that </summary>juvenile adjudications are also Blakely factors. See [https://scholar.google.com/scholar_case?case=8950828698630834960&q=lafferty+juvenil...") |
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− | <summary>Don't forget that </summary>juvenile adjudications are also Blakely factors. See [https://scholar.google.com/scholar_case?case=8950828698630834960&q=lafferty+juvenile&hl=en&as_sdt=4,38 ''State v. Lafferty'']. | + | <summary>Don't forget that </summary> juvenile adjudications are also Blakely factors. See [https://scholar.google.com/scholar_case?case=8950828698630834960&q=lafferty+juvenile&hl=en&as_sdt=4,38 ''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. | 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. | ||
{{wl-publish: 2017-08-30 12:14:01 -0700 | Ryan@ryanscottlaw.com:Ryan Scott }} | {{wl-publish: 2017-08-30 12:14:01 -0700 | Ryan@ryanscottlaw.com:Ryan Scott }} |
Latest revision as of 16:53, August 31, 2017
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.