State v. Walker

STEELMAN, Judge.

The trial court erroneously sentenced defendant Browning in the aggravated range without submitting the aggravating factor to the jury as required by Blakely v. Washington, 542 U.S. 296, 159 L. Ed. 2d 403 (2004). Under State v. Blackwell, 361 N.C. 41, 638 S.E.2d 452 (2006), this error cannot be deemed harmless because we cannot determine from the record that a rational juror would have found the disputed aggravating factor “beyond a reasonable doubt.”

This appeal originated from charges of robbery with a dangerous weapon and assault with a deadly weapon inflicting serious…