Whether Article 42.013 of the Texas Code of Criminal Procedure contravenes Apprendi v. New Jersey by requiring judges, not juries, to make family-violence findings that increase criminal penalties

QUESTION PRESENTED | Generally, Apprendi v. New Jersey requires that any fact serving to . increase a criminal penalty be found by a jury. Article 42.013, Texas ‘ Code of Criminal Procedure, requires judges (not juries) to make family| violence findings — even in jury trials. In Texas, a finding that an offense | involves family violence augments criminal — penalties by making possession of a firearm unlawful. Does Article. 42.013 contravene Apprendi thereby rendering the statute | unconstitutional? . i | | | . 2