State v. Martinez

OPINION

THOMPSON, Judge.

¶ 1 In this opinion we address issues presented by the United States Supreme Court’s recent decision in Blakely v. Washington, — U.S. —, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We hold that a judge’s imposition of an aggravated sentence that falls within the range authorized by a jury’s verdict comports with Blakely; a jury need not find every aggravator upon which a sentencing judge relies. Further, we hold that Blakely error is subject to harmless error or fundamental error analysis and may or may not require reversal based on the facts of a particular case. Here,…