State v. Brush: What is a “prolonged period of time”? That’s up to the jury…
In 2004, the United States Supreme Court, in Blakely v. Washington, held that for a judge to sentence a defendant above the standard sentencing range established by the state sentencing guidelines, a jury, not a judge, has to find the facts supporting the aggravating factor. In response, the legislature established a number of aggravating factors which will effect their sentence. In…