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STATE v. JOHNSON

No. 1 CA-CR 94-0846.

183 Ariz. 358 (1995)

903 P.2d 1116

STATE of Arizona, Appellee, v. Kerry Thomas JOHNSON, Appellant.

Court of Appeals of Arizona, Division One, Department B.

Redesignated as Opinion and Publication Ordered October 17, 1995.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Toni Marie Valadez, Assistant Attorney General, Phoenix, for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by Stephen R. Collins, Deputy Public Defender, Phoenix, for Appellant.

OPINION

SULT, Judge.

This matter came to us as an Anders appeal. Following our review of the record, we asked for supplemental briefs on the following issue:

Did the trial court err by enhancing defendant's sentence pursuant to A.R.S. § 13-604(R) when the fact question whether defendant committed the new felonies while released on bail or his own recognizance on a separate felony offense had not been submitted to the jury pursuant to...

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