Olmsted County District Court File No. KO-03-1996
1. A defendant has a Sixth Amendment right to a jury determination of any fact not admitted by the defendant, except the fact of a prior conviction, that increases the maximum sentence for the offense for which the defendant was convicted.
2. A pretrial "admission" precluding a defendant from invoking the Sixth Amendment right to a jury determination of any fact that increases the prescribed statutory maximum sentence for the offense with which the defendant has been charged must be accompanied by a district-court advisory of the right and the defendant's personal oral or written waiver of the right.
The opinion of the court was delivered by: Gordon W. Shumaker, Judge.
Considered and decided by Shumaker, Presiding Judge; Toussaint, Chief Judge; and Crippen, Judge.*fn1
On postconviction appeal, appellant contends that the district court's imposition of an upward durational departure from the presumptive sentence for first-degree criminal sexual conduct violated his Sixth Amendment right to a jury trial under Blakely v. Washington, 124 S. Ct. 2531 (2004). Because the sentence was based on judicial findings of fact that appellant did not knowingly and voluntarily admit, we reverse and remand for resentencing.
At approximately midnight on May 13, 2003, appellant Douglas A. Dettman called his friend's girlfriend and told her that her boyfriend was in trouble and that she should come to Dettman's apartment. This was a ruse to lure her to Dettman's apartment so that he could have sexual relations with her. While he waited for her to arrive, Dettman "set things up" for her arrival, arranging pillows on his bed and cutting a piece of duct tape to fit around her mouth in case she were to scream. When the girlfriend arrived, Dettman told her that her boyfriend had run out to buy some cigarettes and that she should wait in Dettman's apartment for him to return.
Once she entered Dettman's apartment, he tried to tape her mouth to prevent her from screaming. When she resisted, Dettman "put the fear of God in her," threatening to cut her throat if she did not cooperate and demanding that she undress and lie down on his bed. Dettman made a throat-cutting gesture with his hand, but the victim never saw a knife.
Dettman then penetrated the victim's vagina with his fingers and his mouth. He also ordered her to sit on his face and urinate in his mouth, but was interrupted by Rochester police, who arrived at Dettman's apartment because of a report they had received of a woman screaming. Dettman let the officers in, and they noticed that the victim was nude on his bed and had blood around her mouth. The officers later recovered a knife from Dettman's clothing.
The following day, Dettman was charged with three counts of first-degree criminal sexual conduct and one count of kidnapping. In January 2004, he pleaded guilty to one count of first-degree criminal sexual conduct, and the state dismissed the other charges. In March 2004, the district court sentenced Dettman to 216 months in prison, which was an upward durational departure of 72 months from the presumptive ...