Riehle v. State

I respectfully dissent from Part V, the majority's conclusion to remand the case for resentencing in light of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), reh'g denied. As recognized by the majority, our United States Supreme Court held in Blakely that the Sixth Amendment requires a jury to determine beyond a reasonable doubt the *299existence of aggravating factors used to increase the sentence for a crime above the presumptive sentence assigned by the legislature. Id., 124 S.Ct. at 2536. Specifically, the Supreme Court held that er than the fact of a prior…