[DOWNLOAD] "Stokes v. Schriro" by Supreme Court of Alaska # eBook PDF Kindle ePub Free
eBook details
- Title: Stokes v. Schriro
- Author : Supreme Court of Alaska
- Release Date : January 06, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
A jury found David Leon Stokes, II (Stokes) guilty of attempted kidnapping and attempted robbery in Arizona state court. The jury also found the offenses to be "dangerous." At sentencing, the trial judge opted to sentence Stokes to twenty years as a repetitive offender whose previous convictions were for non-dangerous offenses. The judge then enhanced the sentence to twenty-five years by finding aggravating circumstances. After Stokess habeas petition was denied in district court, we granted a certificate of appealability (COA) on the issue of whether Stokes "was sentenced in violation of the Sixth Amendment pursuant to Apprendi v. New Jersey, 530 U.S. 466 (2000), because the trial court disregarded the jurys findings of dangerousness and sentenced appellant as a non-dangerous repetitive offender." We conclude that the trial courts election of one statutory sentencing option over another was not contrary to Apprendi. However, the court ran afoul of Apprendi when it relied on judicial factfinding to increase Stokess sentence beyond the statutory maximum. Accordingly, we affirm in part, reverse in part, and remand.
![](http://pinterest.com/pin/create/button/?url=https://pqtvgonwhd.blogspot.com/2021/01/download-stokes-v-schriro-by-supreme.html&media=https://is2-ssl.mzstatic.com/image/thumb/Publication/v4/80/20/6c/80206c8c-ca78-41cf-2b55-6419d9b78ac3/source/700x700bb.jpg&description=[DOWNLOAD] "Stokes v. Schriro" by Supreme Court of Alaska # eBook PDF Kindle ePub Free){kind=link}