State v. Losh

OPINION

TOUSSAINT, Chief Judge.

Appellant challenges (1) the validity of the upward durational departure of her sentence under Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) and (2) the revocation of her probation and execution of her sentence. Because we hold that Blakely does not apply retroactively to a pending probation-revocation appeal after the time to file a direct appeal from the final judgment has expired, we affirm appellant’s sentence. And because the district court did not abuse its discretion by revoking appellant’s probation, we affirm the execution of…