Under the constitutional doctrine established in Apprendi v. New Jersey, any fact (other than a prior conviction) that increases the penalty beyond the prescribed statutory maximum must be:
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A
Found by a judge by a preponderance of the evidence at sentencing
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B
Submitted to a jury and proved beyond a reasonable doubt
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C
Agreed upon by the defendant in a plea colloquy
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D
Established by clear and convincing evidence at a separate sentencing hearing