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State v. Aleman4/4/2005
in, and State v. Avila, 127 Ariz. 21, 617 P.2d 1137 (1980) (extending knowing, voluntary and intelligent standard to all cases in which defendant waives right to a jury trial); State v. Conroy, 168 Ariz. 373 , 375, 814 P.2d 330, 332 (1991) (" he knowing, voluntary, and intelligent waiver standard articulated in Boykin applies to all waivers of a jury trial, for that standard applies to the waiver of any constitutional right."). The rights Blakely and Apprendi protect fall within that protected category, and exist at the core of our criminal justice system. In Blakely, the Supreme Court expressed its "commitment" to insure that the right to a jury trial "is no mere procedural formality, but a fundamental reservation of power in our constitutional structure." ___ U.S. at ___, 124 S.Ct. at 2538-39. I see no reason to carve out an exception to the general rule expressed in Schneckloth.
Therefore, although the majority correctly points out that Aleman, in the face of undisputed evidence presented at trial, conceded at sentencing that "he knew he was impaired and shouldn't have been driving" at the time of the accident, that statement cannot be considered an admission for the purpose of complying with Blakely. Had Aleman known the consequences of his statement-that the fact he "admitted" would be used against him to aggravate his sentence-and had he understood that he had a right to require the state to prove this fact beyond a reasonable doubt to a jury, he might well have not conceded it at sentencing.
M. JAN FLÓREZ, Presiding Judge
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