State v. Tschilar

OPINION

EHRLICH, Judge

¶ 1 Ronald K. Tschilar appeals his convictions and sentences for multiple counts of kidnapping and aggravated assault. Among the questions he asks is whether the finding that his kidnapping victims were voluntarily released unharmed, a determination resolving whether the offense is a class 2 or a class 4 felony, is a factual decision for the jury according to the rationale of Apprendi v. New Jersey, 530 U.S. 466,120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We answer this question in the negative as we do his other queries.

FACTS 1 AND PROCEDURAL HISTORY

¶ 2 On the evening of…