Does a fact that increases the penalty for a crime beyond the statutory maximum for assault have to be submitted to a jury?
California, United States of America
The following excerpt is from People v. Lopez, B251815 (Cal. App. 2015):
6. "Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt." (Apprendi v. New Jersey (2000) 530 U.S. 466, 490.)
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