State v. Gayles

The state appeals a district court's pretrial denial of a request to submit aggravating sentencing factors to a jury. Because the district court failed to apply the probable-cause standard when determining whether the law and proffered evidence would support an aggravated sentence, we reverse.

*9FACTS

The state charged respondent Donyale Damon Gayles with three counts of aggravated first-degree sale of a controlled substance; four counts of first-degree sale of a controlled substance; one count of first-degree possession of a controlled substance; and three counts of child endangerment…