Def Atty says TX determinate sentencing statute is unconstitutional under Apprendi - b/c person can go to TDC without a jury determination at the Transfer Hearing.
I have found some cases, but was wondering if anyone has foughthits fight already? If so, any help would be appreciated.
That's a new one to me.
I thought Apprendi's jury determination rule only applied to facts or elements of a crime that could increase a punishment range? How does that apply to what is, essentially, an administrative decision over which penal system the defendant will serve his sentence in? Even though it can make a substantial difference in how and where the sentence is served, a transfer hearing is more like a parole hearing than a trial, IMO.
Add to that the line of fed cases (albeit pre-Apprendi) saying that juvi's have no constitutional right to a jury trial (Texas creates that right by statute) and you should be fine.
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