''Washington v. Recuenco'', 548 U.S. 212 (2006), is the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

case of Recuenco, a man who was convicted of second-degree assault after he threatened his wife with a handgun, and subsequently sentenced by the

Washington Supreme Court The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The court is composed of a chief justice and eight associate justices. Members of the court are elected to six-year terms. Justices must retir ...

based not only on the conviction, but based on Recuenco's use of a handgun, charged as assault with a deadly weapon. His sentencing included a three-year enhancement, a standard based on his being armed with a firearm, which is greater than the one-year enhancement he would have received for assault with a deadly weapon. As the jury in the case had not found that Recuenco was armed with a firearm, he argued that the sentencing enhancement violated his Sixth Amendment right to a jury trial. At the Supreme Court, the State conceded that a ''Blakely'' error had occurred, but argued that the error was harmless beyond a reasonable doubt. The Court held in a 7-2 opinion that a ''Blakely error'' could be considered harmless.''The Supreme Court, 2005 Term — Leading Cases,''
120 Harv. L. Rev. 192 (2006).

References

External links

* United States Supreme Court cases United States Supreme Court cases of the Roberts Court United States Sixth Amendment sentencing case law 2006 in United States case law {{SCOTUS-stub