1. Whether, contrary to the Due Process and Jury Clauses, the trial court erred in imposing an enhanced sentence under a statute authorizing the enhancement based on nonjury fact-findings upon proof by a preponderance of the evidence?

2. Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged with a serious felony?

Question not identified.