2008-M-069             State of Minnesota, Respondent, vs. Daniel E. Jones, Appellant.

Appellant was convicted of third-degree criminal sexual conduct; third-degree controlled substance crime; neglect of a child; and endangerment of a child.  He was acquitted of third-degree murder.  The district court imposed an enhanced sentence for the criminal sexual conduct conviction.  The court of appeals affirmed the convictions but reversed the enhanced sentence and remanded for resentencing in accord with Blakely.  On remand, the district court re-imposed the enhanced sentence based on facts the district court concluded the jury necessarily found by its verdicts of guilty on child neglect and endangerment.  The court of appeals affirmed.  Concluding that Jones has the right to a jury determination of the facts that would justify an enhanced sentence, we reverse and remand for resentencing.

Jones had fed methamphetamine to a 16-year-oldgirl, took her to a party where  she collapsed, returned her to his Burnsville trailer home, molested her, and watched her die.

Concluding that Jones had the right to a jury determination of the facts that would justify an enhanced sentence, the Court reversed and remanded for resentencing to comply with federal Blakely requirements.

Russell Anderson (Page, Paul Anderson, Meyer, Barry Anderson, Gildea, and Dietzen)

               Took no part:  Dietzen

[MURDER}