State v. Hunley

¶1 This case requires us to decide whether a sentencing court violated a defendant’s right to due process by basing the imposed sentence on prior convictions demonstrated only by the prosecutor’s written summary and the defendant’s failure to object. The Court of Appeals held this violated the defendant’s right to due process, and we now affirm.

I. FACTS AND PROCEDURAL HISTORY

¶2 Monte W. Hunley was convicted by a jury on July 13, 2009 of attempting to elude a pursuing police vehicle. At sentencing, the State presented a written statement of prosecuting attorney (prosecutor summary),…