State v. Clapper

After Joe R. Clapper pleaded guilty to third degree assault, the district court overruled Clapper’s demand for a jury trial and ordered him to pay restitution. In Blakely v. Washington,1 the U.S. Supreme Court held that a criminal sentence violates a defendant’s Sixth Amendment right to a jury trial if it exceeds the “statutory maximum.” The Court defined “statutory maximum” as the maximum sentence a court may impose without any additional findings beyond those supported by the jury’s verdict or the defendant’s admissions. Relying on Blakely, Clapper argues that because Nebraska’s restitution…