State v. Cobb

[¶ 1] We are called upon here to answer this question: In applying 17-A M.R.S.A. § 1252(2)(A) (Supp.2003), 1 must a defendant be afforded the opportunity to have a jury determine whether the defendant’s “serious criminal history” warrants a sentence in the upper tier if the nature and seriousness of the defendant’s crime alone do not warrant a sentence in the upper tier? See U.S. CONST, amend. VI; United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005); Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004).

[¶ 2] Because we conclude that the court was…