Ashenfelter v. State

OPINION

MANNHEIMER, Judge.

In this appeal, we are required to interpret and apply the legal doctrine announced in Hamilton v. State1 — the doctrine that defendants have a conditional right to confront the witnesses against them at sentencing. Under Hamilton, this right comes to fruition if a defendant takes the stand, denies the government’s factual allegations under oath, and submits to cross-examination.2

The defendant in this case, Jason Gerald Ashenfelter, pleaded no contest to third-degree assault. He was subject to presumptive sentencing because he was a second felony offender. The State…