Constitutionality of Consecutive Sentences at Issue Again

As a result of the Illinois Supreme Court’s decision in People v. Wagener, 196 Ill.2d 269, 752 N.E.2d 430 (2001) we thought the attempt to apply Apprendi v New Jersey, 530 U.S. 466 (2000) to consecutive sentences was dead. But maybe not!!!  On March 17, 2008 the U.S. Supreme Court granted certiorari in Oregon v. Ice,  2008 U.S. LEXIS 2387 to decide the issue of whether the Sixth Amendment requires that facts (other than prior convictions) necessary to imposing consecutive sentences be found by the jury or admitted by the defendant. Members involved in cases involving consecutive sentencing situations should raise the issue and check out the Oregon Supreme Court’s decision on which cert was granted at State v Ice, 2007 Ore. LEXIS 815 (2007).