[Download] "State v. Barker" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: State v. Barker
- Author : Supreme Court of Montana
- Release Date : January 17, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Respondent Duane Barker was convicted of possession of a controlled substance. The district court sentenced him under Minn. Stat. § 609.11 (2004) (providing for a mandatory minimum sentence of 36 months after a judicial finding of firearm possession during the commission of a predicate offense) to 36 months in prison. The court of appeals reversed the sentence as violating Barkers Sixth Amendment right to a jury trial based on Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531 (2004). The state sought further review, arguing that sentencing under the statute is advisory and therefore exempted from Blakely by United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 750 (2005). In the alternative, the state argues that Barkers sworn admissions at his sentencing hearing satisfy the "Blakely admission exception" and thus permit enhancement. We affirm the court of appeals.
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