Whether the Florida Legislature's removal of the jury from the fact finding process that authorized a judge to determine if it was necessary to protect the public by imposing an enhanced sentence above the Statutory maximum as a Habitual Felony Offender in violation of the Fifth Amendment's Due Process Clause, the Sixth Amendment's notice and jury trial guarantees and the Fourteenth Amendment as applied to the States?
Whether Florida's removal of the jury from the fact-finding process authorizing a judge to determine if enhanced sentencing above the statutory maximum as a Habitual Felony Offender violates the Fifth Amendment's Due Process Clause, the Sixth Amendment's notice and jury trial guarantees, and the Fourteenth Amendment as applied to the States