context: Soto argues that a hard 50 sentencing error is not subject to harmless error review because tire court applied a preponderance of the evidence standard when considering tire existence of aggravated circumstances, and the findings of fact were never found beyond a reasonable doubt, as Alleyne requires.
citation_a.signal: see
citation_a.parenthetical: concluding that although K.S.A. 21-4635(c) specifies no particular standard of proof, statute implicitly requires judge to apply preponderance of evidence standard when finding aggravating circumstances
citation_a.sentence: See State v. Spain, 263 Kan. 708, 714, 953 P.2d 1004 (1998) (concluding that although K.S.A. 21-4635(c) specifies no particular standard of proof, statute implicitly requires judge to apply preponderance of evidence standard when finding aggravating circumstances); see also State v. Nelson, 291 Kan. 475, 487-88, 243 P.3d 343 (2010) (clarifying standard of proof for finding aggravating circumstances is preponderance of evidence rather than beyond reasonable doubt).
citation_b.signal: see also
citation_b.parenthetical: clarifying standard of proof for finding aggravating circumstances is preponderance of evidence rather than beyond reasonable doubt
citation_b.sentence: See State v. Spain, 263 Kan. 708, 714, 953 P.2d 1004 (1998) (concluding that although K.S.A. 21-4635(c) specifies no particular standard of proof, statute implicitly requires judge to apply preponderance of evidence standard when finding aggravating circumstances); see also State v. Nelson, 291 Kan. 475, 487-88, 243 P.3d 343 (2010) (clarifying standard of proof for finding aggravating circumstances is preponderance of evidence rather than beyond reasonable doubt).