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STATE v. LOPEZ

No. 05-05-00916-CR.

196 S.W.3d 872 (2006)

The STATE of Texas, Appellant, v. Marco Antonio LOPEZ, Appellee.

Court of Appeals of Texas, Dallas.

June 27, 2006.

Attorney(s) appearing for the Case

Gary A. Udashen, Dallas, for Appellee.

John R. Rolater, Jr., Asst. Dist. Atty., Dallas, for Appellant.

Before Justices WRIGHT, O'NEILL, and FRANCIS.

OPINION

Opinion by Justice FRANCIS.

In this appeal, we must decide whether the statutory scheme that requires a hearing without a jury to consider transfer of a juvenile to adult criminal court violates the principles established in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and is therefore unconstitutional. For the reasons set out below, we conclude Apprendi does not apply...

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