State v. Hayes
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The Supreme Court affirmed the district court's summary dismissal of Defendant's motion to correct an illegal sentence, holding that the district court did not err.
Defendant was convicted of first-degree murder, aggravated robbery, and conspiracy to commit robbery. Upon sentencing, the sentencing judge granted the State's request for an upward departure without the use of a jury. The Supreme Court affirmed the convictions on direct appeal, and the mandate issued on January 9, 1996. In his latest postconviction motion, Defendant argued that his upward departure sentence violated his due process rights under Apprendi v. New Jersey, 530 U.S. 466 (2000) and State v. Gould, 23 P.3d 801 (2001). The district court summarily dismissed Defendant's motion. The Supreme Court affirmed, holding that several factors precluded Defendant from pursuing relief through a motion for illegal sentence, including the fact that a motion for illegal sentence cannot serve as a vehicle for raising constitutional claims such as Defendant's Apprendi claim.
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