prior to the amenability hearing included the range of juvenile dispositions as well as the adult sentences applicable to the crimes committed. Under no circumstances do the Section 32A-2-20(B) findings result in the child being found guilty of or sentenced for a greater offense. Furthermore, no child will be subject to the possibility of sentencing as an adult if, at the time of the finding of guilt, the child does not meet the statutory definition of a youthful offender under Section 32A-2-3(I). {32} In conclusion, we hold that Apprendi is inapplicable to the Section 32A-2-20(B) findings. 3. State Constitution {33} New Mexico cases have never articulated the standard of proof pursuant to which the findings required by Section 32A-2-20 are to be made 18, 1996-NMCA-039, ¶¶ 5-8 (<HOLDING>); Sosa, 123 N.M. 564, 943 P.2d 1017, 1997 NMSC
holding that in a proceeding to terminate parental rights the preponderance of the evidence standard of proof violates the due process clause and that due process requires at least a clear and convincing evidence standard holding that the defendant bears the burden of proof and that such a disposition does not violate the due process clause holding that current statute meets due process requirements and that federal constitution does not require a particular standard of proof recognizing that plaintiff can bring action under due process clause of state constitution holding that doctrine does not violate due process