Apprendi v. New Jersey , 530 U.S. 466 (2000)

Apprendi v. New Jersey, 530 U.S. 466 (2000) • Defendant pled guilty to offense punishable by imprisonment between 5 and 10 years • Judge at sentencing hearing found that hate crime enhancement applied • Offense motivated by racial bias • Defendant sentenced to imprisonment for 12 years

Apprendi Ruling • Other than fact of a prior conviction • Any fact that increases penalty for crime • Beyond prescribed statutory maximum • Must be submitted to jury and proved beyond reasonable doubt • Defendant was entitled to jury trial on hate crime enhancement

State v. Lucas, 353 N.C. 568 (2001) • Ruling • Based on Apprendi ruling • Firearm enhancement to felony sentence must be alleged in indictment and proved to jury beyond a reasonable doubt • Court permitted future use of firearm enhancement without legislative revision of statute

State v. Hunt, 357 N.C. 257 (2003) • Apprendi ruling did not require that capital aggravating circumstances must be alleged in short-form first-degree murder indictment • Constructive statutory notice in G.S. 15A-2000(e) • Exclusive list of aggravating circumstances • Relatively short list • No catchall aggravating circumstances

Blakely v. Washington, 124 S. Ct. 2531 (24 June 2004) • Defendant pled guilty to kidnapping in state court • Class B felony punishable by up to 10 years • State law provision limited sentence to “standard range” of 49 to 53 months • Judge found aggravating factor of “deliberate cruelty” and imposed sentence of 90 months • Sentence exceeded standard range, but not 10-year maximum for Class B felony

Blakely Ruling • Court restated ruling in Apprendi • Court then ruled that “statutory maximum” for Apprendi purposes is • Maximum sentence judge may impose • Based solely on facts reflected in jury verdict or admitted by defendant • Sentencing judge could not have imposed • 90-month sentence solely based on facts admitted in defendant’s guilty plea • Aggravating factor was not admitted by defendant or submitted to jury and proved beyond a reasonable doubt

Felony Sentencing in North Carolina • Calculating defendant’s prior record level • Points for prior convictions • Not subject to Blakely • Points for non-conviction matters • Offense committed while defendant on probation, parole, or post-release supervision, in prison, or on escape • All elements of current offense are included in prior offense that resulted in a conviction • Subject to Blakely?

Felony Sentencing in North Carolina • Determining minimum sentence • Presumptive range • Judge may depart from presumptive range and sentence defendant in • Aggravated range if aggravating factors outweigh any mitigating factors, or • Mitigated range if mitigating factors outweigh any aggravating factors • Aggravated range affected by Blakely • Presumptive and mitigated ranges are not affected by Blakely except when finding non-conviction points

Blakely Procedure for Superior Court Felonies • Bifurcated trial: guilt/innocence and separate hearing for aggravating factors/non-conviction points • Procedure equivalent to G.S. 15A-928 (for example, habitual DWI or habitual misdemeanor assault) • Trial on all issues • With defendant’s consent, may trial judge alone hear and decide aggravating factors/non-conviction points? • Mandatory jury trial under North Carolina Constitution?

Guilty Plea or Admission to Aggravating Factor/Non-Conviction Points • Defendant must freely, voluntarily, and understandingly waive right to jury trial

Misdemeanor Sentencing in North Carolina • For misdemeanors subject to Structured Sentencing Act, sentence is determined by defendant’s prior conviction level • Prior conviction level is determined solely by number of prior convictions • This kind of misdemeanor sentencing is not affected by Blakely • There are misdemeanors not subject to Structured Sentencing Act • DWI and Commercial DWI • Other miscellaneous misdemeanors

Charging and Sentencing for DWI and Commercial DWI; G.S. 20-179 • Charging these offenses • Short-form pleading in G.S. 20-138.1(c) and 20-138.2(c) • Finding of grossly aggravating, aggravating, and mitigating factors • All grossly aggravating and aggravating factors are set out in G.S. 20-179 except for catchall aggravating factor

Charging and Sentencing for DWI and Commercial DWI; G.S. 20-179 • Sentencing in district court: affected by Blakely? • Sentencing in superior court for DWI and commercial DWI is affected by Blakely as set out below • Five levels of punishment • Levels one, two, and three is affected by Blakely if non-conviction aggravating factor is found • Level four is affected by Blakely except if no aggravating factor or only conviction is found • Level five is not affected by Blakely because it is equivalent to standard range

Blakely Procedure for Superior Court DWI • Bifurcated trial: guilt/innocence and separate hearing for grossly aggravating/aggravating factors • Procedure equivalent to G.S. 15A-928 (for example, habitual DWI or habitual misdemeanor assault) • Trial on all issues • With defendant’s consent, may trial judge alone hear and decide grossly aggravating/aggravating factors? • Mandatory jury trial under North Carolina Constitution?

N.C. Appellate Cases on Blakely • State v. Allen, ___ N.C. App. ___ (9/7/04) • Defendant sentenced in aggravated range for felonious child abuse • Judge found aggravating factor • Ruling: error under Blakely,and court will not conduct harmless error analysis • N.C. Supreme Court has granted state’s petition to review ruling

N.C. Appellate Cases on Blakely • State v. Speight, ___ N.C. App. ___ (9/7/04) • Defendant sentenced in aggravated range for involuntary manslaughter • Judge found aggravating factor • Defendant sentenced in Level Two for DWI • Judge found aggravating factor of “serious injury” and another non-conviction factor • Ruling: error under Blakely,and court will not conduct harmless error analysis • N.C. Supreme Court has granted state’s petition to review ruling

Apprendi v. New Jersey , 530 U.S. 466 (2000)