Q 1: Was the limitation of Almendarez-Torres and the dictates of Apprendi and Blakely violated? Florida in deciding whether Petitioner qualified for recidivist treatment and whether a statutory enhanced sentence be imposed, let the judge not only determine whether necessary predicates were present (priors, etc) but also permitted him (not jury) to make a factual determination unrelated to priors that made an enhanced sentence mandatory and removed all Judicial Discretion.

Q2: Whether Florida 's action in ignoring binding precedent at time that required resentencing under the guidelines rather than allowing a denovo resentencing violate Due Process (5th and 14th Amendment).

Was the limitation of Almendarez-Torres and the dictates of Apprendi and Blakely violated?