A Sentence of Incarceration is "Final" for Blakely Purposes, Even When Restitution is Left Open.

State v. Hughes, Mn.S.Ct., 12/18/2008.

Mr. Hughes pled guilty to aggravated robbery.  The court imposed an executed sentence, which was an upward departure; the court also ordered Mr. Hughes to pay restitution, to be determined by probation subject to his right to a hearing.  After sentence but before determination of the amount of restitution the U.S. Supreme Court decided Blakely v. Washington, 542 U.S. 296 (2004).  Mr. Hughes convinced the trial court that his conviction was not final until the amount of restitution was determined so that he was entitled to a Blakely hearing on aggravating factors.  The Court of Appeals reversed, State v. Hughes, 742 N.W.2d 460 (Minn.Ct.App. 2007).  The Minnesota Supreme Court agrees with the Court of Appeals.

The Court says that the trial court imposed Mr. Hughes' sentence when it pronounced the sentence of incarceration and general restitution obligation.  Consequently, his time for direct appeal expired ninety days later, which happened to be one week before the date of the Blakely opinion.  Hughes tried to invoke several other procedural rules by which to stretch the "pendency" of his right of appeal, all without success.