People v. Mosley

Filed 3/2/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S187965 v. ) ) Ct.App. 4/3 G038379 STEVEN LLOYD MOSLEY, ) ) Orange County Defendant and Appellant. ) Super. Ct. No. 05NF4105 ____________________________________) We confront a single, narrow issue. Apprendi v. New Jersey (2000)

530 U.S. 466

(Apprendi) held that the Sixth Amendment generally requires a jury to find ―any fact that increases the penalty for a crime beyond the prescribed statutory maximum.‖ (Id., at p. 490, italics added.) If a judge makes the findings underlying his or her discretionary…