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 A court can't determine that he did it without a trial. They can argue that they think he did it when they turn down his appeal - but they can't find him guilty without a trial. 
Using evidence of one crime - that has not gone to trial - to contribute to the sentencing of another is awful.
 
 The court can't adjudicate him guilty if charges aren't filed. But the court can make a probable determination based on the evidence presented, and use that when determining an appropriate sentence for related adjudicated charges that the defendant has been found guilty of. And the appeals court questioned the severity of the sentence, but upheld the conviction and sentence, and didn't find fault with the lower court for considering the evidence related to the contract killing attempts. It sucks, and as I've said, I think the sentence was overly harsh and he shouldn't spend rest of his life in prison for the convictions, but the judge's reasoning and decisions were reviewed by the 3-judge appeals court and found to be proper and within the bounds of the law.