McGinity v. State

OPINION

VAIDIK, Judge.

Case Summary

Ryan McGinity appeals his eight-year sentence imposed pursuant to a plea of guilty to Operating While Intoxicated ("OWI") Resulting in Death and Reckless Homicide. Specifically, he asserts that his enhanced sentence violates the United States Supreme Court's recent decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 LEd.2d 403 (2004), rem'g denied, because his Sixth Amendment right to have the facts supporting the enhancement of his sentence tried to a jury was violated. Because we find one valid aggravator that does not violate Blakely and…