State v. Nunez

Summary

The court held that imposing lifetime postrelease supervision based on Nunez's age violated his Sixth Amendment jury-trial rights because he neither admitted his age after a knowing and voluntary jury-trial waiver nor had the jury determine his age. The error was not harmless because the trial record contained no evidence from which the jury could reasonably infer that Nunez was at least 18. The court reversed the appellate judgment, vacated the postrelease-supervision term, and remanded for resentencing under the statutory provision prescribing 60 months for a sexually violent crime absent a qualifying age finding or valid admission.