I see you deleted out the post where you cited the Supreme Court ruling on facts or aggravating factors that warrant criminal liability. You were stupid to realize it destroyed you so you quickly deleted it!! Lolololol I'll help you again with the same case that you deleted:
The llandmark U.S. Supreme Court decision in Apprendi v. New Jersey. [1]
In that case, the Court held that:
"any fact (other than a prior conviction) that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt."
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1]
Ouch!. As SCOTUS says, the other crime (fact)that increases a penalty (such as a upgrading a misdemeanor to a felony) must be proven beyond reasonable doubt by a unanimous jury ruling. That is the ONLY way to do it within the confines of Constitution. No other crime hits that threshold in this case. Jury never agreed to what it was.
Can you admit you're just a dead man walking here? This case is dead.