State v. Sanchez

Defendant, who was convicted of first- and second-degree rape, successfully petitioned for post-conviction relief and, thereby, obtained a new sentencing trial. Following that trial, the court imposed upward departure sentences. Defendant now appeals, contending in his first assignment of error that the trial court erred in imposing upward departure sentences based on facts “not alleged in an indictment or other accusatory instrument, or otherwise formally pled in open court.” In a second assignment of error, defendant contends that the trial court erred in instructing the jury that it could…