Whether a prior misdemeanor conviction that elevates a subsequent offense from a misdemeanor to a felony is an element of the subsequent offense that must be found by a jury beyond a reasonable doubt under Apprendi v. New Jersey

QUESTIONS PRESENTED 1. Whether a prior misdemeanor conviction that elevates a subsequent offense from a misdemeanor to a felony is an element of the subsequent offense that must be found by a jury beyond a reasonable doubt under Apprendi v. New Jersey, 530 U.S. 466 (2000). 2. Whether this Court should overrule AlmendarezTorres v. United States, 523 U.S. 224 (1998), as inconsistent with the Sixth Amendment as understood in Apprendi and its progeny. (i)