In Blakely, the Supreme Court stated that "[its] precedents make clear... that the 'statutory maximum' for Apprendi purposes is the maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant," (internal citation omitted) — it is not the maximum statutory penalty that can be imposed with the benefit of judicial factfinding.
Summary of this case from U.S. v. Wenzel2003
In Blakely, the Supreme Court stated that "[its] precedents make clear... that the 'statutory maximum' for Apprendi purposes is the maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant," (internal citation omitted) — it is not the maximum statutory penalty that can be imposed with the benefit of judicial factfinding.
Summary of this case from U.S. v. WenzelFull title:DISPOSITIONS OF PETITIONS FOR REVIEW AND SELECTED MOTIONS FOR…
Court:The Supreme Court of Washington
Date published: Jan 1, 2003
The sentence was affirmed by the state appellate court, see 111 Wash.App. 851, 47 P.3d 149, 159 (2002), and…
U.S. v. GreenCase No. 02-1632 (argued Mar. 23, 2004).See State v. Blakeley, 111 Wash. App. 851 (2002),review denied, 148…