State v. Nunez

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 125,141 STATE OF KANSAS, Appellee, v. WILLIAMS NUNEZ, Appellant. SYLLABUS BY THE COURT 1. Under Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348,

147 L. Ed. 2d 435

(2000), a defendant's constitutional jury trial rights guaranteed by the Sixth Amendment to the United States Constitution are violated by judicial fact-finding (that is, facts found by a judge rather than a jury) which increases the penalty for a crime beyond what is authorized by the facts reflected in the jury's verdict. When a defendant has made a knowing and voluntary waiver…