[Download] "State v. Adkins" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Adkins
- Author : Supreme Court of Montana
- Release Date : January 22, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Appellant challenges his conviction of first-degree burglary, arguing that the district court erred by denying his motion to suppress identification evidence. He also asserts that the district court erroneously sentenced him as a career offender in violation of his right to a jury determination of aggravating sentencing factors. Because the totality of the circumstances demonstrates that the identification had adequate independent origin and was reliable, the district court did not err by denying appellants motion to suppress, and we affirm the conviction. Because sentencing under the career-offender statute violated appellants Sixth Amendment rights, we reverse the sentence imposed and remand for resentencing consistent with this opinion.