Whether a sentence above the statutory presumptive range violates the jury trial right where the judge may not impose such a sentence, even after a jury finds an aggravating fact, unless the judge also finds that the facts the jury found amount to "substantial and compelling reasons" for an enhanced sentence.

Whether a judge's finding of 'substantial and compelling reasons' to impose a sentence above the statutory presumptive range violates a defendant's Sixth Amendment right to a jury trial