Blakely V. Washington Supreme Court Decision

[Lilbitty]

What is the name of your state?Virginia

Can anyone tell me if the referenced Supreme Decision (Decided 6/24) will/can affect my Son's sentence from 1998. He was 16 at the time he and a codefendant (both on drugs & alcohol)robbed a conv. store with a gun. The gun was fired and the clerk was sprayed with pellets. His Pre sentence report recommended a Max of 18 years, low 10 yrs and a med range of 16 yrs for all charges. The Judge sentenced him to 44 years with 20 suspended.

Does the Blakely Decision apply and should I retain an Attorney to file an appeal?

Thanks in advance!

 

[calatty]

Unfortunately, Blakely only applies to cases that were not final as of June 24, 2004, the date of the decision. There is an argument, albeit a weak one, that under the Teague v. Lane case, it applies to convictions that became final between 2000 and Blakely. You should call the attorney who handled his case or the federal public defender if that is who handled the case to find out what they are doing about Blakely in cases that are already final.