person shall be punished by life imprisonment and shall be ineligible for parole. § 775.082, Fla. Stat. (2001). 31 . See § 921.141(1), Fla. Stat. (2001). 32 . See Fla. Std. Jury Instr. (Crim.) 7.11. 33 . See § 921.141(2), Fla. Stat. (2001). 34 . See, e.g., Tedder v. State, 322 So.2d 908, 910 (Fla.1975) ("A jury recommendation under our trifurcated death penalty statute should be given great weight.”). 35 . See § 921.141(3), Fla. Stat. (2001). 36 . See id. 37 . See § 921.141(4), Fla. Stat. (2001). 38 . See Ramirez v. State, 810 So.2d 836, 843 (Fla.2001) (”[T]he State must prove each element of the charged offense beyond a reasonable doubt.”). 39 . See Fla. R.Crim. P. 3.440; Fla. Std. Jury Instr. (Crim.) 3.10. 40 . See Apodaca v. Oregon, 406 U.S. 404, 92 S.Ct. 1628, 32 L.Ed.2d 184 (1972) (<HOLDING>). 41 . See Johnson v. Louisiana, 406 U.S. 356,
holding that the sixth amendments guarantee of a trial by jury requires the jury to base its verdict only on the evidence presented at trial holding that the sixth amendments right to trial by jury was not violated by eleventoone and tentotwo guilty verdicts in state noncapital cases holding that the sixth amendments guarantee of a trial by jury requiresthe jury to base its verdict only on the evidence presented at trial holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing as career offender holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the armed career criminal act