State v. Hitt

The opinion of the court was delivered by

Six, J.:

We revisit Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S.Ct. 2348 (2000), to decide whether the fact of a prior juvenile adjudication must be charged in the indictment and proven to a jury beyond a reasonable doubt before it can be included in a defendant’s criminal history score.

Travis Hitt appeals his presumptive sentence following a plea of guilty to conspiracy to commit aggravated battery. Before the Court of Appeals, Hitt argued for the first time that his juvenile adjudications should not have been included in his…