I concur in the majority opinion except for its response to petitioner’s belated claim under Apprendi v. New Jersey (2000) 530 U.S. 466 [147 L.Ed.2d 435, 120 S.Ct. 2348], which petitioner in my view has forfeited by failing to raise it below. I share Justice Liu’s concern that the majority opinion, in choosing to address Apprendi’s application to petitioner’s sentence, does not fully respond to petitioner’s argument. (See cone. opn. of Liu, J,, post.)