context: In several cases decided after Harris and Ring, this court maintained its reliance on McMillan to uphold the constitutionality of the hard 40/50 sentencing scheme, noting that Harris reaffirmed McMillan even after Apprendi.
citation_a.signal: see also
citation_a.identifier: 284 Kan. 23, 23
citation_a.parenthetical: upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences
citation_a.sentence: See State v. Astorga, 295 Kan. 339, 354, 284 P.3d 279 (2012), (“We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga’s invitation to reconsider our prior decisions.”), cert. granted, judgment vacated by Astorga v. Kansas, 133 S. Ct. 2877 (2013); State v. McCaslin, 291 Kan. 697, 729-30, 245 P.3d 1030 (2011) (citing cases); State v Albright, 283 Kan. 418, 423-24, 153 P.3d 497 (2007) (same); see also Johnson, 284 Kan. at 23 (upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences).
citation_b.signal: see
citation_b.parenthetical: "We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga's invitation to reconsider our prior decisions."
citation_b.sentence: See State v. Astorga, 295 Kan. 339, 354, 284 P.3d 279 (2012), (“We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga’s invitation to reconsider our prior decisions.”), cert. granted, judgment vacated by Astorga v. Kansas, 133 S. Ct. 2877 (2013); State v. McCaslin, 291 Kan. 697, 729-30, 245 P.3d 1030 (2011) (citing cases); State v Albright, 283 Kan. 418, 423-24, 153 P.3d 497 (2007) (same); see also Johnson, 284 Kan. at 23 (upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences).