In State v. Brown, 205 Ariz. 325, 70 P.3d 454 (App. 2003), vacated by 209 Ariz. 200, 99 P.3d 15 (2004), the Court held that Apprendi did not require a jury trial to establish aggravating factors because the use of such factors did not result in a sentence exceeding the statutory maximum. Relying on several post-Apprendi Arizona decisions, the court noted that "Arizona courts have found no constitutional problem when a judge's post-trial factual finding may have affected the sentence but did not expose the defendant to a sentence exceeding the prescribed statutory maximum for purposes of Apprendi." Id. at 329, P13, 70 P.3d at 458. The Brown court concluded that: Unlike Apprendi and Ring II, this case does not present a situation in which a judge-made factual finding, not found by the jury or admitted in a plea agreement, will expose the defendant to a sentence exceeding the statutory maximum. Regardless of how many aggravating circumstances the respondent judge might find under 13-702(C), the maximum sentence McMullen could receive under 13-702.01 would be 12.5 years, in accordance with both the applicable statutes and the plea agreement. Id. at 333, P27, 70 P.3d at 462.