Does a defendant have a Sixth Amendment right to a jury trial when they plead guilty to a charge of aggravated assault?
The following excerpt is from Cooks v. Johnson, No. 2:13-cv-02177-AC-P (E.D. Cal. 2015):
The Sixth Amendment right to a jury trial extends to any fact used to increase a felony sentence beyond the otherwise applicable statutory maximum. Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). Accordingly, "[a]ny fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt." United States v. Booker, 543 U.S. 220, 244 (2005).
The Sixth Amendment right to a jury trial is waived upon a defendant's guilty plea. See Godinez v. Moran, 509 U.S. 389, 397 n.7 (1993) ("A criminal defendant waives three
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