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STATE v. GROSS

No. 1 CA-CR 00-0269.

31 P.3d 815 (2001)

201 Ariz. 41

STATE of Arizona, Appellee, v. Lance Christian GROSS, Appellant.

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

September 4, 2001.

Attorney(s) appearing for the Case

Janet A. Napolitano, Attorney General, by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Greg A. McCarthy, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender, by Lawrence S. Matthew, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

GARBARINO, Judge.

¶ 1 Relying on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we vacate the trial court's determination that the defendant, Lance Christian Gross, committed a new offense while awaiting trial on a separate felony offense. We find that, absent waiver by a defendant, the State must prove beyond a reasonable doubt that the defendant was on pretrial release and...

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