Legal Opinion
State v. Donk
Idaho Court of Appeals
Decided September 26, 2007No. Nos. 33055, 33056Published
1Opinion of the Court
LANSING, Judge.
David Darwin Donk appeals from Ms judgment of conviction for aggravated assault with a sentence enhancement for using a deadly weapon during the crime. He asserts that the district court erred by imposing a sentence enhancement when the enhancement issue had not been submitted to the jury. We agree that error occurred and therefore vacate the sentence and remand for resentencing.
I
BACKGROUND
On August 28, 2005, Donk and Ms girlfriend, Sheila Anderson, had a dispute. At one point during the fight, Donk told her that she had thirty minutes to live. Several other individuals who…
2Cases cited10 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Neder v. United StatesSupreme Court of the United States · 1999
- United States v. MatthewsCourt of Appeals for the Fifth Circuit · 2002
- State v. GordonWisconsin Supreme Court · 2003
- State v. McLeskeyIdaho Supreme Court · 2003
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