Friday, March 16, 2007

Apprendi win

Matt Edge and Cory Riddle won in State v. Allen, No. 93,940 (Kan. March 16, 2007), reversing a persistent sex offender enhanced sentence. The issue had to do with whether a sentencing court could make a finding regarding whether a prior crime was sexually motivated, making it a predicate to application of the persistent sex offender statute. The KSC held that because the alleged prior conviction was not listed as a statutory predicate offense, the judge would have to make the factual finding regarding the prior intent and that violates Apprendi. As a result, the KSC remanded for resentencing (although the prior will now be included in criminal history, so it is not likely to make a huge difference for the client--but every day counts!)

Here is my blog entry on the COA decision, which also reversed, albeit in a split decision.

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