State v. McFee

OPINION

GILDEA, Justice.

The question presented in this case is whether, consistent with United States Supreme Court precedent, juvenile adjudications can be used in calculating a defendant’s criminal history score when the fact of those adjudications has been determined by a judge, not a jury. The Supreme Court has said that, “ ‘[ojther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.’” Blakely v. Washington, 542 U.S. 296, 301, 124 S.Ct. 2531, 159…