What are the factors affecting a defendant's sentence?

Here, the factors affecting defendant's sentence were his prior convictions the crime for which he is currently sentenced was his fourth adjudication whether those convictions were numerous or of increasing seriousness, that the currently-sentenced offense was committed while he was on probation, and that defendant's prior performance on probation was poor. All of these matters were noted in the original probation report. All of these matters were specific variations on the general theme of recidivist conduct; recidivist conduct does not relate to the elements of the current offense, but rather constitutes "as typical a sentencing factor as one might imagine." (Almendarez-Torres v. United States (1998) 523 U.S. 224, 230.) Such "typical" sentencing factors have historically been entrusted to the sentencing judge and are not matters which must be found by a jury.