State v. Huff

Powell, J.:

According to the United States Supreme Court, with the exception of any prior conviction, the Sixth Amendment to the United States Constitution requires that “any fact that increases tire penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000). Wendy Huff argues in tire present appeal that the district court violated this directive when it imposed restitution without requiring the State to prove to a jury whether her actions…