Does the federal constitution, as construed in Apprendi v. New Jersey, permit a court to find a defendant ineligible for resentencing based on judicial findings of fact about the defendant's conduct when the conduct was never pleaded or found true by a jury?

QUESTIONS PRESENTED Does the federal constitution, as construed in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), permit a court charged with determining whether a defendant serving a life sentence is eligible for resentencing under California's Three Strikes Reform Act to find the defendant ineligible for resentencing on the basis of judicial findings of fact about the defendant's conduct when the conduct in question was never pleaded by the prosecutor, and was never found true by a jury beyond a reasonable doubt? -i