State v. Gross

In State v. Gross, 201 Ariz. 41, 31 P.3d 815 (App. 2001), this court held that because a finding that the defendant was on release status when he committed a new felony exposed the defendant to a maximum sentence that exceeded the statutory maximum for the offense, the defendant's release status had to be submitted to the jury and proved beyond a reasonable doubt. The Court explained that: The defendant was found guilty by a jury of committing two class 4 felonies. Those verdicts exposed the defendant, who had one prior felony conviction, to a sentencing range between 2.25 years and 7.5 aggravated years in prison. See A.R.S. 13-702(A) (2001); A.R.S. 13-702.01(C), (D) (2001). The additional finding by the trial court that the defendant was on release status exposed the defendant to a maximum sentence on each count of 9.5 years in prison, which exceeded the statutory maximum for the offense. The plain language in Apprendi requires that the defendant's release status be submitted to the jury and proved beyond a reasonable doubt. Id. at 44, P9, 31 P.3d at 818.