Whether the state can avoid Apprendi's reach by writing its penal statutes so that a fact that increases the penalty for a crime instead becomes a fact that decreases the penalty

QUESTION PRESENTED In Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), the Court held that “other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to the jury and proved beyond reasonable doubt.” The question presented is: WHETHER THE STATE CAN AVOID APPRENDI’S REACH BY WRITING ITS PENAL STATUTES SO THAT A FACT THAT INCREASES THE PENALTY FOR A CRIME INSTEAD BECOMES A FACT THAT DECREASES THE PENALTY. ii