State v. Tschilar

In State v. Tschilar, 200 Ariz. 427, 27 P.3d 331 (App. 2001) the Court concluded that Apprendi does not require a jury to determine whether the defendant had safely released a kidnapping victim for purposes of A.R.S. 13-1304(B), because "the fact of [the victim's safe] release as found by the court does not expoa defendant to a punishment exceeding that permitted by the verdict." 200 Ariz. 427, P19, 27 P.3d 331, P19. As the court in Tschilar noted, Apprendi did not undermine "the trial court's discretion to consider various factors related to the offense and the offender when it imposes a sentence within the range of punishment prescribed by the [sentencing] statute." 200 Ariz. 427, P18, 27 P.3d 331, P18.