State v. Bennett.
Court of Appeals of Kansas
1Opinion of the Court
JOHNSON, J.:
Jennifer Bennett was originally charged with off-grid first-degree murder. Under a plea agreement, she pled no contest to a reduced charge of second-degree murder, agreed to and received an upward durational departure sentence of 300 months in prison, and waived her right to appeal that sentence. On appeal, she asserts that her agreed-upon sentence was unconstitutionally imposed because she was never advised of and never waived her constitutional right to have aggravating factors that might justify an enhanced sentence submitted to a jury to be proved beyond a reasonable doubt.…
2Cases cited9 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- State v. PattonSupreme Court of Kansas · 2008
- State v. WillsSupreme Court of Kansas · 1988
- State v. CopesSupreme Court of Kansas · 2010
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