State v. Hughes

OPINION

SHUMAKER, Judge.

The district court granted respondent’s petition for postconviction relief, ruling that, because the amount of restitution he was ordered to pay remained an appeal-able issue at the time Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), was decided, he is entitled to the retroactive application of Blakely, even though his conviction had become final and all time for appeal or for a certiorari petition had expired before that decision. Because finality is determined by the date of the entry of the final judgment of conviction, respondent is not…