CASE LAW UPDATE: Whether the trial court’s Blakely violation was harmless beyond a reasonable doubt?
Defendant was charged in a complaint that charged him with criminal sexual conduct on or between 2004 and 2018. At trial, defendant was found guilty. At sentencing, without a Blakely Jury, the trial found that his date of offense was after August 1, 2006, the date the sentencing guidelines increased the severity of his presumptive sentence. Defendant appealed, alleging that he was entitled to have a jury determine his date of offense, under Blakely. The Minnesota Court of Appeals held that the trial court determination of defendant’s offense date did violate Blakely, but concluded the error was harmless beyond a reasonable doubt. The Minnesota Supreme Court affirmed.
State v. Reimer, A19-1801, Minnesota Supreme Court.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.