Labels:book | reckoner | sky | tree | windowpane OCR: which defendant must receive notice and an opportunity to be heard The sentencer is charged with determin- ing objcctive truth from the facts discovered 1f the sentencing procedings. ne evidence is introduced support the facts that must be found there can be only one result -acquittal. The answer to this objcctive factual question cannot he solicited time and time aguin Chdcr- iving the question of defendant's status persistent offender an objective truth: Did the State prove his status beyond reasonable doubt? See Bullington, 451 U.S 450 (Powell. J.. dissenting) The renand of Respondent for second sentencing trial allowed the State that which the Doublc Jeopardy Clause forbids: 'second bite the apple United States, Yee also United States DIF raneesco, 449 U. ("Important in the decision [i ...
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