(1) WhEthER A CoNdUet ENHANCEMENT. StAtUTE"CAif PENAl COdE SER.1192.7(2) ThAt "REMOVES, ASSESSMENt" of FALT FROm Jury USEd TO INREASE PUNISHMENT" 1s UNCONSTiTUTIONAL UNER ARENd PANdipls.
(A) PER PriNdiplE of AppRENdi, it is UNCONstitutIONA FOR LEGISATURE TO REMOUE ANY ASSESSMENT Of FACT. THAT INCREASE PUNISHMENT FROM ThE JURY-
(b) IF CAlif. STAtUtE THAT REMOUES ASSESSMENT Of FACT FROM THE JURY, USEd, TO INCREASE PUNISMENT is uNCONstitutiONAl, ThEN it is REpUgNANt TO U.S.Constitution.
() ThE ConstitutioNal QuEStioN of LAW, Is 1 ILlEGAL SENTENCES ImPORTANt, BECAUSE 1 HAVE BEEN IMPOSED ON INMATES ThAT OUERCrOWDEd CALIF. PRISONS.
Whether the California Penal Code §1192.7(c) that removes assessment of fact from the jury used to increase punishment is unconstitutional under the Apprendi principle