12 N.Y.3d 118 (2009)
New York’s discretionary persistent felony offender sentencing scheme does not violate the Sixth Amendment or due process because the enhanced sentence is based solely on prior felony convictions, and the judge’s consideration of a defendant’s history and character is within a statutorily prescribed sentencing range.
Summary
Rivera was convicted of burglary. Because of his extensive criminal history, the prosecution sought to have him sentenced as a persistent felony offender. Rivera challenged the constitutionality of New York’s discretionary persistent felony offender sentencing scheme under Apprendi and Cunningham. The New York Court of Appeals upheld the sentencing scheme, finding it constitutional because the enhanced sentence was predicated solely on prior felony convictions, a fact that Apprendi specifically exempts. The court emphasized that the sentencing judge’s discretion to consider a defendant’s history is exercised within a range already authorized by statute.
Facts
Police responded to a burglary report in an apartment building. They encountered Rivera, who matched the description of one of the perpetrators, leaving the ransacked apartment. Rivera attempted to evade the officers and was subsequently arrested. A search of Rivera’s bag revealed burglary tools and stolen property. Rivera confessed to acting as a lookout in the burglary.
Procedural History
Rivera moved to suppress his confession and the evidence, arguing an illegal stop, but the motion was denied after a hearing. A jury convicted him of third-degree burglary. The prosecution then moved to sentence Rivera as a persistent felony offender. Supreme Court determined Rivera was a discretionary persistent felony offender and sentenced him accordingly. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether New York’s discretionary persistent felony offender sentencing scheme violates the Sixth Amendment and due process rights as interpreted in Apprendi v. New Jersey and Cunningham v. California.
Holding
No, because New York’s sentencing scheme is a recidivist sentencing scheme, meaning the enhanced sentence is based solely on the fact of prior convictions. This falls under the exception articulated in Apprendi. Any further considerations made by the sentencing judge are for discretionary purposes, within a sentencing range already authorized by law.
Court’s Reasoning
The court distinguished New York’s scheme from the California Determinate Sentencing Law (DSL) at issue in Cunningham, which was found unconstitutional. The California DSL allowed a judge to increase a defendant’s punishment based on facts found by the judge using a preponderance of the evidence standard, thus violating the Sixth Amendment right to a jury trial as articulated in Apprendi. New York’s sentencing scheme, however, only allows for an enhanced sentence based on prior felony convictions, which the Supreme Court has specifically exempted from the Apprendi rule. The court reiterated its prior holdings in People v. Rosen and People v. Rivera, which established that prior felony convictions are the sole determinant of eligibility for recidivist sentencing. Once eligibility is established, the sentencing court may then consider the defendant’s history and character to determine whether an enhanced sentence is warranted, but this determination is discretionary and occurs within a statutorily prescribed sentencing range. Quoting Blakely v. Washington, the court noted that the Sixth Amendment does not prevent judges from “exercising discretion…in imposing a judgment within the range prescribed by statute.”