Whether California's death penalty scheme violates the constitutional requirement that any fact, other than a prior conviction, that serves to increase the statutory maximum or minimum penalty for a crime must be found true beyond a reasonable doubt by a jury?

QUESTION PRESENTED FOR REVIEW 1. WHETHER CALIFORNIA’S DEATH PENALTY SCHEME VIOLATES THE CONSTITUTIONAL REQUIREMENT THAT ANY FACT, OTHER THAN A PRIOR CONVICTION, THAT SERVES TO INCREASE THE STATUTORY MAXIMUM OR MINIMUM PENALTY FOR A CRIME MUST BE FOUND TRUE BEYOND A REASONABLE DOUBT BY A JURY? i