State v. Peregrina

The Majority holds that there was no error under the U.S. Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because I.C. § 19-2520E only reduces the punishment authorized. I respectfully dissent.

A. Because the Fact of Divisibility Increases the Maximum Authorized Statutory Penalty By Authorizing a Second Enhancement, There Was Apprendi Error in the State’s Failure to Submit the Issue to the Jury.

It is undisputed that the question of divisibility or indivisibility under I.C. § 19-2520E is one of fact. State v. Johns, 112 Idaho 873, 882,…