State v. Clark

In this appeal, defendant challenges the trial court’s imposition of departure sentences and a compensatory fine, arguing, among other things, that the court erred in concluding that he waived the right to a jury trial on the facts pertinent to sentencing. We conclude that, because defendant was not aware that he had the right to have a jury determine sentencing facts, he did not validly waive the right and, consequently, that the imposition of departure sentences based on facts found by the trial court violated his jury trial right. Accordingly, we remand for resentencing.

Defendant entered a…