ARS 13-604.02(A) Example Case
In State v. Flores, 201 Ariz. 239, 33 P.3d 1177 (App. 2001), the Court addressed the question of whether Apprendi required a jury to determine the defendant's probation or parole status before he could be sentenced pursuant to A.R.S. 13-604.02(A).
That statute provides, in part, that a person convicted of certain felony offenses, "if committed while the person is on probation for a conviction of a felony offense or parole, . . . shall be sentenced to imprisonment for not less than the presumptive sentence." A.R.S. 13-604.02(A).
The Court held that because the defendant's "probationary status . . . did not increase the penalty for his crime 'beyond the prescribed statutory maximum' but merely raised the crime's minimum term," Apprendi did not apply. Flores, 201 Ariz. at 241, P8, 33 P.3d at 1179.