State v. Behl

OPINION

SHELLEY, Presiding Judge.

The only issue raised in this appeal is whether the defendant’s eighteen-year sentence must be served without possibility of parole (flat time) in accordance with A.R.S. § 13-1406(B) or whether the defendant is eligible for parole after serving two-thirds of the sentence in accordance with A.R.S. § 13-604(G).

FACTS

Defendant was charged by indictment with count one, kidnapping, a class two felony; count two, aggravated assault, a class three felony; and counts three and four, sexual assaults, class two felonies. Later the state filed an allegation of the…