State v. McDonald

OPINION

BOSSON, Justice.

{1} In this opinion we decide whether sentencing under NMSA 1978, Section 31-18-15(A)(2), -(4) (1999, prior to 2003 amendments) requires that a jury, and not the judge, determine whether the crime is one “resulting in the death of a human being.” Applying Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we conclude that the court erred in not submitting the question to the jury, but we also find the error harmless in the context of this case. Secondly, we hold that conspiracy is not an enumerated “serious violent offense” under the Earned…