State v. Hurley

FELDMAN, Vice Chief Justice.

Darcy Dale Hurley (defendant) was convicted by a jury of seven counts armed robbery and one count aggravated assault. Hurley was sentenced under the enhancement provisions of A.R.S. § 13-604.02(A) 1 because the trial court determined that he was on release from confinement when he committed the offenses. Hurley contends that § 13-604.02(A) is unconstitutional unless interpreted to require proof beyond a reasonable doubt and trial to a jury, rather than a judge, to determine release status. He also contends that his sentence—three consecutive life terms—is…