 There must exist specific aggravating factors about the crime before a judge may impose the high term.Under the "Apprendi" rule, as explained in "Blakely v. Washington", , any fact that increases the punishment above that which the judge may impose without that fact must be found by a jury beyond a reasonable doubt.In "People v. Black", the California Supreme Court rejected the argument that under "Blakely", the jury must find the additional facts necessary for the judge to impose the high term under the DSL.