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STATE v. BEHL

No. 1 CA-CR 88-021.

160 Ariz. 527 (1989)

774 P.2d 831

STATE of Arizona, Appellee, v. Daniel D. BEHL, Appellant.

Court of Appeals of Arizona, Division 1, Department C.

May 9, 1989.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica G. Funkhauser, Chief Counsel, Crim. Div., and Ronald L. Crismon, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Spencer D. Heffel, Deputy Public Defender, Phoenix, for appellant.

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...

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