Topic: Sentencing-Apprendi Violation
Summary: Where the defendant had conceded an element of an offense that led to an increase in the grading of the offense, the jury does not need to make a specific finding of fact on that element.
Illustration: The defendant was accused of witness intimidation. The grading was increased from a third degree felony to a first degree felony because the defendant conceded that the victim was a witness to a first degree felony. Since the defendant conceded that the victim was witness in a first-degree felony case, the jury did not need to make a finding of fact on that element.