The Fact of a Prior Conviction Does Not Have to Be Proven beyond a Reasonable Doubt to a Jury to Lengthen a Sentence beyond the Statutory Maximum: Commonwealth v. Aponte

Authors

Sarah J. Cottrill

Abstract

The Supreme Court of Pennsylvania held that a statute doubling the statutory maximum penalty upon proof of prior conviction for a similar offense, without requiring proof beyond a reasonable doubt before a jury, did not violate defendant's due process rights.

Commonwealth v. Aponte, 855 A.2d 800 (Pa. 2004).

First Page

465

Recommended Citation

Sarah J. Cottrill, The Fact of a Prior Conviction Does Not Have to Be Proven beyond a Reasonable Doubt to a Jury to Lengthen a Sentence beyond the Statutory Maximum: Commonwealth v. Aponte, 43 Duq. L. Rev. 465 (2005).
Available at: https://dsc.duq.edu/dlr/vol43/iss3/7