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STATE v. TSCHILAR

No. 1 CA-CR 00-0495.

27 P.3d 331 (2001)

200 Ariz. 427

STATE of Arizona, Appellee, v. Ronald Keith TSCHILAR, Appellant.

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

July 17, 2001.

Attorney(s) appearing for the Case

Janet Napolitano, Attorney General, by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and Consuelo M. Ohanesian, Assistant Attorney General, Phoenix, for Appellee.

Diane S. McCoy, Flagstaff, for Appellant.

OPINION

EHRLICH, Judge

¶ 1 Ronald K. Tschilar appeals his convictions and sentences for multiple counts of kidnapping and aggravated assault. Among the questions he asks is whether the finding that his kidnapping victims were voluntarily released unharmed, a determination resolving whether the offense is a class 2 or a class 4 felony, is a factual decision for the jury according to the rationale of Apprendi...

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