[Download] "Spears v. State" by Supreme Court of Montana * eBook PDF Kindle ePub Free

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eBook details

• Title: Spears v. State
• Author : Supreme Court of Montana
• Release Date : January 28, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Appellant Randall Mark Spears was convicted of six counts of criminal sexual conduct in the first degree and two counts of kidnapping. While Spearss petition to this court for further review of his direct appeal was pending, the United States Supreme Court announced its decision in Apprendi v. New Jersey, 530 U.S. 466, 490 (2000) (holding that, "[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt"). The following day, we denied further review of Spearss direct appeal. After Spearss sentence became final, the Supreme Court announced its decision in Blakely v. Washington, 542 U.S. 296, 303-05 (2004) (holding that the "statutory maximum" sentence that can be imposed on the basis of the jurys guilty verdict is the presumptive sentence). In this second post-conviction petition, Spears argues that his 40-year sentence for first-degree criminal sexual conduct is unconstitutional under Apprendi and Blakely. The court of appeals affirmed the denial of Spearss petition as to both Apprendi and Blakely. We affirm as to Blakely, but reverse as to Apprendi.

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