State v. Blackwell

EDMUNDS, Justice.

In this case, we must determine whether the trial court improperly imposed an aggravated sentence on defendant in violation of the *816United States Supreme Court decision in Blakely v. Washington, 542 U.S. 296, 159 L. Ed. 2d 403 (2004). Because we conclude that the trial court committed structural error by finding the aggravating factor, we affirm the decision of the Court of Appeals and remand defendant’s case for resentencing.

On 27 February 1997, Sherry and Greg Dail made plans to run errands together in Durham with their three young children: Megan, age four; Austin, age two;…