context: . [1] To find otherwise, would require this Court to make a judicial finding of the factual existence of this aggravating circumstance for the other murder count. Judicial findings of aggravating circumstances are constitutionally prohibited.
citation_a.signal: no signal
citation_a.parenthetical: Any fact that increases punishment must be found by a jury after proof beyond a reasonable doubt
citation_a.sentence: Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002); and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) (Any fact that increases punishment must be found by a jury after proof beyond a reasonable doubt).
citation_b.signal: cf.
citation_b.identifier: 992 P.2d 332, 343-44
citation_b.parenthetical: finding based upon State's closing argument single verdict form supported application of all aggravating circumstances to all murder counts and setting aside one aggravating circumstance due to lack of notice
citation_b.sentence: Cf. Young v. State, 1998 OK CR 62, 992 P.2d 332, 343-44, cert. denied, 528 U.S. 837, 120 S.Ct. 100, 145 L.Ed.2d 84 (1999)(finding based upon State's closing argument single verdict form supported application of all aggravating circumstances to all murder counts and setting aside one aggravating circumstance due to lack of notice).