ARS 13-708(D) Interpretation
In State v. Gross, 201 Ariz. 41, 45,19, 31 P.3d 815, 819 (App. 2001), the Court addressed whether a defendant's release status had to be found by a jury beyond a reasonable doubt before receiving an enhanced sentence under A.R.S. 13-708(D).
Section 13-708(D) requires the trial court to add two years to a defendant's sentence if the defendant committed the offense while "released on bond or on the person's own recognizance on a separate felony offense or while the person is escaped from preconviction custody for a separate felony offense."
The Court concluded that the defendant was entitled to have a jury find his release status beyond a reasonable doubt because A.R.S. 13-708(D) increased his prescribed penalty range by two years. Gross, 201 Ariz. at 45,16, 31 P.3d at 819.