Labels:book | reckoner | sky | tree | windowpane OCR: "In Pearce, Chaffin and Stroud, there was separate sentencing at which the prosecution was quired prove beyond rcasonable doubt other- wise -additional Tacts .ap.r justify particular sentence cach these cases, moreover the sent lenc CT diseretion essentially unfettered Bullington, 451 In this case in Bullington, the fact- fiuder's determination of defendant's status as previous offender was not unfettered and factual predicate musi be estabilshed and utilizing procedures that p.iof him all the fundamental constitutional rights guar teed him at his trial on guilt or innocence Whether Bohlen meets the statutory criteria to accord him the status of persistent offender an inherently and fundamentally different decision from sentencing determination of term of years incarceration The first the ...
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