Can one be sentenced for a crime to which no plea of guilty has been entered and no actual resulting conviction has been held?

QUESTION(S) PRESENTED 1. Can one be sentenced for a crime to Which No plea of . Quilty has been enveted ancl no anal resulting ing. Goaviction has been held ? a . 2. WOW this Coudt under tne First Amendmeat aad Fit ' Amendment for Due Process “rnake an independeal constitutional judgment on tne facts of the case ag fo Whether the maemo vavalved 15 constitutionally prstected.” Saco eM ‘Ss V. Oo | 378 US. 184 CIGS4) When a defendant’ accused © of violating 18 U.5.0:5'§ SI Ca.andGe) ducing a Fed Ro Coven, ® Ld plea Proceeding adeats for a factual hasis only | | “that There was o prckasce of ful\ioody Uacisthed” and the stack jddge considers the admission to constitute @ _ lascivious exhibition of the genitals, of Fuloic area? Wher | . , daring the plea proceechag the gover mene nt Mevet ) ' elabowited on what made the “pictuse of full body anclatved” loscivious, There 1s Ho indication the Aistriclh iudae eve Viewed the |depiction, noe1S any pictuve described, ; chotacterized et eyen mentioned ta the Lacdichmed’. 3 Ls. defense counsel ineWective When he leads a oo defendant accused of iSUSCS 8225) WJandCe) into a plea proceeding under the premse thal sexually | ks xoliet conduct “would be the purpese a sexual | ©) qratification instesd of its actual meaning uncler | : | (1) a ° the statute “ lascivious exhibition of the genital s or . pubic ofeq”, and ceertes the etroneus definition In open court at the glea* Ts he ineffective. for not objecting, TO the SherVeominas and estos curing the plea Proces.cing? ; and wes he ineffective on Qcwct eppea\ aS to these \ssues? . (il) .