The People of the State of Colorado, Petitioner v. Alfred Gabriel Sandoval, Respondent.

Summary

The court held that the Sixth Amendment and Colorado's sentencing scheme require Blakely-compliant or Blakely-exempt facts before imposing an aggravated direct sentence to community corrections. Because Sandoval's six-year sentence was based on judicially found facts to which he did not stipulate, and because he did not object below, the court held that the error nevertheless constituted plain error. The court affirmed the court of appeals and remanded for resentencing.