In 1999 Hughes was tried and convicted of a third degree felony and sentenced under the guidelines, with points assessed for legal status and victim injury, in excess of the 60-month statutory maximum. After his conviction and sentence were final, Hughes filed a motion alleging that the U.S. Supreme Court's decision in Apprendi v. New Jersey should be applied retroactively. The trial court denied the motion. The district court affirmed but certified the question of whether Apprendi applies retroactively.