Whether a defendant's right to due process are violated when jury instructions do not require all determinations required by state statute for sentence beyond statutory maximum to be found proven beyond reasonable doubt

QUESTION PRESENTED Whether a defendant’s right to due process as guaranteed by the Fourteenth Amendment through requiring that every element of any offense to be proven beyond a reasonable doubt are violated when the jury instructions do not require all of the determinations required by a state statute for the imposition of a sentence beyond the statutory maximum for that offense, deemed by this Court as “functional equivalents” of elements of that same offense, to be found proven beyond a reasonable doubt by a unanimous verdict from the jury. i STATEMENT OF