State v. Benenati
In State v. Benenati, 203 Ariz. 235, 52 P.3d 804 (App. 2002), the Court held that Apprendi requires a jury to determine a defendant's release status for purposes of imposing the mandatory, two-year sentence enhancement under A.R.S. 13-604(R).
Therefore, the Court concluded, the requirement in 13-604(P) that the sentencing judge make that release status determination "unconstitutionally conflicts with the defendant's right to a jury trial on that issue." Benenati, 203 Ariz. 235, P22, 52 P.3d 804, P22.