State v. Powers

FELDMAN, Vice Chief Justice.

After a jury convicted Jesse Leroy Powers, aka Gary Lee Blanchat, of armed robbery, attempted armed robbery, kidnapping, and aggravated assault, the trial court enhanced his sentences pursuant to A.R.S. § 13-604.02(A) (Supp.1986) because it found that Powers was on “escape from confinement” when he committed the charged crimes. Among several other assignments of error, Powers claims that his sentence violates the federal and state constitutions because a jury, not a judge, should have made the determination of escape status, and the determination should have been…