What is the effect of a determinate sentencing scheme on a defendant's right to a jury trial?

the jury. Under the amended determinate sentencing law sentencing scheme employed by the trial court ( 1170), the trial court was free to rely on any relevant factors in choosing the lower, middle or upper term and was not required to impose the middle term in the absence of mitigating or aggravating factors. (People v. Sandoval (2007) 41 Cal.4th 825, 844.) This sentencing scheme does not implicate a defendant's right to a jury trial. (Ibid.) Thus, in relying on factors supported by the record and relevant to the crime, the trial court did not infringe upon Choice's right to a jury trial. (Ibid.)