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