State v. Wilson

{45} Believing that the majority misconstrues the core holding of Apprendi, I dissent. In light of this dissenting position on the issue of aggravating circumstances, I need not address Defendant’s second issue. I concur with the majority opinion with regard to Defendant’s issues concerning the sufficiency of the evidence and the rebuttal witness.

{46} The majority frames the Apprendi issue correctly — that is, whether the “maximum sentence authorized by a jury’s verdict is the basic sentence prescribed by Section 31-18-15.” But then its analysis of Apprendi and our statutory scheme focuses…