State v. Keel

INMAN, Judge.

Defendant appeals the judgment entered after a jury convicted him of driving while impaired ("DWI"). On appeal, defendant argues that there was insufficient evidence to support the two grossly aggravating factors found by the trial court and that the trial court erred by failing to submit the second grossly aggravating factor to the jury in violation of Blakely v. Washington,542 U.S. 296, 159 L.Ed.2d 403 (2004). After careful review, we agree and vacate defendant's sentence and remand for resentencing.

Factual and Procedural Background

On 25 June 2014, a jury convicted defendant of…