State v. Hughes

¶1 The United States Supreme Court recently applied its reasoning in Apprendi v. New Jersey, *126530 U.S. 466, 490, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000), to hold that any fact other than that of a prior conviction, which increases the applicable punishment, must be found by a jury beyond a reasonable doubt (unless it is stipulated to by the defendant or the defendant waives his right to a jury finding). Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004).1

Fairhurst, J.

*126¶2 These three cases were consolidated to address (1) the continuing validity of the…