(Download) "State v. Stanke" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: State v. Stanke
- Author : Supreme Court of Montana
- Release Date : January 07, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Appellant Steven Douglas Stanke pleaded guilty to both fleeing a peace officer resulting in death and fleeing a peace officer resulting in great bodily harm. Stanke waived his right to a Blakely sentencing jury. The Anoka County District Court found nine aggravating factors and one severe aggravating factor-that the peace officer was particularly vulnerable. The court then sentenced Stanke to more than double the presumptive sentence. The Minnesota Court of Appeals held that the district court erred in finding the severe aggravating factor but upheld the sentence on other grounds. On appeal to our court, Stanke asserts that after Blakely v. Washington, 542 U.S. 296 (2004), the court of appeals is not permitted to uphold a greater-than-double-durational sentence on alternative grounds. The State urges us to reject the court of appeals analysis and uphold the district courts sentence on its original grounds. We conclude that the district court erred in using the peace officers particular vulnerability to be a severe aggravating factor, but we nevertheless uphold the district courts original sentence on other grounds.