State v. Dettman

I respectfully dissent from the majority’s conclusion that the district court erred in imposing an upward departure sentence. The district court’s decision to depart was based on facts Dettman admitted after he executed a knowing and voluntary waiver of his trial rights. I would reverse the court of appeals and uphold the sentence imposed.

In Blakely v. Washington, the Supreme Court recognized that sentencing courts could use facts the defendant admitted in imposing sentence. 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). The district court imposed an upward departure sentence in this…