Legal Opinion
Tyler v. State
Court of Appeals of Alaska
Decided March 31, 2006No. A-8991PublishedCited by 6 opinions
1Opinion of the Court
OPINION
STEWART, Judge.
David Tyler was convicted of felony driving while intoxicated and faced a 3-year presumptive term because he was a third felony offender. After Tyler conceded two aggravating factors, the superior court imposed 5 years’ imprisonment. Tyler argues that his sentence was illegal under Blakely v. Washington 1 because neither aggravator was found by jury beyond a reasonable doubt. Because Tyler conceded that both aggrava-tors applied, and because he has not shown plain error, we reject Tyler’s arguments.
Facts and procedural background
In July 2002, David Tyler was charged with…
2Cases cited14 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Shepard v. United StatesSupreme Court of the United States · 2005
- Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
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3Cited by6 opinions
- Lockuk v. StateCourt of Appeals of Alaska · 2007
- Smart v. StateCourt of Appeals of Alaska · 2006
- Surrells v. StateCourt of Appeals of Alaska · 2006
- Baker v. StateCourt of Appeals of Alaska · 2008
- Woodbury v. StateCourt of Appeals of Alaska · 2007
1 more not listed; retrieve them via the Exa API.