Richard Dewayne Beason v. Texas

I. THIS HONORABLE COURT HELD IN APPRENDI V. NEW JERSEY, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 THAT THE CONSTITUTION REQUIRES THAT ANY FACT THAT INCREASES THE PENALTY FOR A CRIME BEYOND THE PRESCRIBED STATUTORY MAXIMUM, OTHER THAN THE FACT OF A PRIOR CONVICTION, MUST BE SUBMITTED TO A JURY AND PROVED BEYOND A REASONABLE DOUBT. IN THIS CASE, THE TRIAL COURT INSTRUCTED THE JURY TO FIND THE PETITIONER GUILTY OF AGGRAVATED ASSAULT WITH A DEADLY WEAPON RATHER THAN SUBMITTING THE ISSUE TO THE JURY FOR A DETERMINATION BY THE JURY. WAS THAT CONSTITUTIONAL? II. THIS HONORABLE COURT HELD IN APPRENDI V. NEW JERSEY, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 THAT THE CONSTITUTION REQUIRES THAT ANY FACT THAT INCREASES THE PENALTY FOR A CRIME BEYOND THE PRESCRIBED STATUTORY MAXIMUM, OTHER THAN THE FACT OF A PRIOR CONVICTION, MUST BE SUBMITTED TO A JURY AND PROVED BEYOND A REASONABLE DOUBT. IN THIS CASE, THE TRIAL COURT INSTRUCTED THE JURY TO FIND THE PETITIONER GUILTY OF AGGRAVATED ASSAULT WITH A DEADLY WEAPON WHICH ELEVATED THE OFFENSE TO A SECOND DEGREE FELONY WITH A PUNISHMENT RANGE OF TWO YEARS TO TWENTY YEARS IN THE PENITENTIARY BUT FAILED TO SUBMIT,