State v. Jackson
Annotate this CaseDefendant pleaded guilty to the off-grid person felony of rape (sexual intercourse with a child under fourteen years old) and the off-grid person felony of aggravated criminal sodomy (sodomy with a child under fourteen years old). The district court imposed sentences totaling 310 months for Defendant's Jessica's Law convictions. The Supreme Court vacated Defendant's sentences and remanded for resentencing, holding (1) Defendant's sentence for his rape conviction was illegal because the district court did not follow statutory authority in imposing the departure sentence; and (2) the State was not required to prove Defendant's criminal history score to a jury beyond a reasonable doubt.
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