available to the states with respect to their extended term sentencing schemes in the aftermath of Cunningham: We note that several States have modified their systems in the wake of Apprendi and Blakely to retain determinate sentencing. They have done so by calling upon the jury—either at trial or in a separate sentencing proceeding—to find any fact necessary to the imposition of an elevated sentence.... Other States have chosen to permit judges genuinely “to exercise broad discretion ... within a statutory range,” which, “everyone agrees,” encounters no Sixth Amendment shoal. 549 U.S. at -, 127 S.Ct. at 871 (quoting Booker, 543 U.S. at 233, 125 S.Ct. 738) (footnotes omitted) (some ellipsis points added and some in original); see also Smylie v. State, 823 N.E.2d 679, 685 (Ind.2005) (<HOLDING>). Our legislature attempted to chart a third
holding that alabamas capital sentencing scheme which utilizes a factfinding jury remains constitutional under hurst holding that the district court did not err by failing to specify a final adjusted sentencing range because we apply a presumption of reasonableness only to sentences falling within the initial sentencing range recommended under the guidelines and there is  no intrinsic need to specify an adjusted sentencing range to aid our appellate review holding that hurst did not render unconstitutional californias capital sentencing scheme which utilizes a jury in the factfinding process holding that despite the advisory nature of the sentencing guidelines they remain the starting point and the initial benchmark of a district courts sentencing analysis the district court should begin all sentencing proceedings by correctly calculating the applicable guidelines range and keep that range in mind throughout the sentencing process and that failing to calculate or improperly calculating the guidelines range  or failing to adequately explain the chosen sentenceemdashincluding an explanation for any deviation from the guidelines range constitutes significant procedural error  recognizing two solutions in a sentencing scheme very similar to hawaiis 1 the present system of fixed terms with factfinding assigned to a jury or 2 reform of the system to create a true sentencing range