State v. Johnson

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 A.R.S. § 13-604(P)?

Supplemental briefs were filed in which Defendant asserted and the state conceded that the trial court had erred.

A jury convicted Defendant of…