State v. Smith

KNUDSON, J.:

Benjamin Smith appeals the district court’s denial of his motion for modification or correction of sentence. Smith claims: (1) His pre-1993 convictions for aggravated burglary and robbeiy were improperly classified as person felonies, and (2) his constitutional rights were violated when the district court increased his sentence based upon his prior criminal history when that history was not proven to a jury beyond a reasonable doubt. We do not find either issue to have merit.

The relevant facts are not in dispute. On February 9, 2009, Benjamin Smith pled guilty in Saline County…