State v. Martinez: The Boundaries of Judicial Discretion and the Sixth Amendment Right to Trial by Jury in Arizona

摘要

Is a defendant’s Sixth Amendment right to a trial by jury violated when a sentencing judge considers factors beyond those found by a jury and then imposes a super-aggravated sentence? The Arizona Supreme Court says it is not violated so long as the fact-finding satisfies the Apprendi/Blakely progeny.