Notable New Jersey Blakely case

I have detailed in posts here and here and elsewhere the interesting recent Blakely developments in New Jersey, and a decision today in NJ v. Anderson, NO. A-3932-03T4 (NJ App. Div. Jan. 27, 2005) (available here) enriches the story.

Anderson is noteworthy for limiting the reach of Blakely by (1) “summarily” rejecting Blakely‘s claimed applicability to the imposition of consecutive sentences, and (2) affirming a sentence above the presumptive term when “the defendant — although not acknowledging aggravating factors beyond the ‘elements’ of the offenses  — acknowledged exposure to [enhanced] sentence imposed.”  In addition, in a final footnote, the court hinted that the solution to Blakely problems in New Jersey might be a Booker-type remedy.