State v. Sawatzky

This is an original mandamus proceeding. Relator, Sawatzky, pleaded guilty to a number of crimes. At her original sentencing, the trial judge found that there were “substantial and compelling reasons justifying a deviation” from the presumptive sentences for those crimes and, based on that determination, imposed sentences that exceeded the presumptive ranges. Relator appealed to the Court of Appeals. That court concluded that the imposition of “enhanced” sentences violated relator’s Sixth Amendment jury trial right under the principles articulated in Apprendi v. New Jersey, 530 US 466, 120 S…