Did the Nevada Supreme Court violate Ybarra's constitutional rights by holding that the outweighing determination—a finding that exposed Ybarra to a greater punishment—was not a 'fact' that exposed him to a greater punishment?

QUESTIONS PRESENTED (Capital Case) Under Nevada law, a jury may consider imposing a death sentence only after finding at least one statutory aggravating factor beyond a reasonable doubt and further finding that there are no mitigating circumstances sufficient to outweigh the aggravating factor or factors. The Nevada Supreme Court held that the outweighing step was not actually an eligibility requirement, and thus not subject to the requirement that it be found beyond a reasonable doubt by a jury. 1. Did the Nevada Supreme Court violate Ybarra’s constitutional rights by holding that the outweighing determination—a finding that exposed Ybarra toa greater punishment—was not a “fact” that exposed him to a greater punishment? i