context: Such safe return is thus a type of mitigating circumstance. Accordingly, I would hold that, similar to the mitigating circumstances in SS 13-703(G), the safe return of a victim by a kidnapper prior to the kidnapper's arrest is a mitigating circumstance that must be proved by the kidnapper by a preponderance of the evidence.
citation_a.signal: see
citation_a.identifier: 768 P.2d 1042, 1046-47
citation_a.parenthetical: Construing a kidnapping statute similar to Arizona's, the court stated, "The statute defines a single crime, kidnapping, which carries a sentence of 20 years to life but provides for a reduced sentence based upon defendant's conduct subsequent to the kidnapping____ Therefore, the defendant has the burden of going forward with evidence to show that the circumstances exist."
citation_a.sentence: See Loonier v. State, 768 P.2d 1042, 1046-47 (Wyo. 1989) (Construing a kidnapping statute similar to Arizona’s, the court stated, “The statute defines a single crime, kidnapping, which carries a sentence of 20 years to life but provides for a reduced sentence based upon defendant’s conduct subsequent to the kidnapping____ Therefore, the defendant has the burden of going forward with evidence to show that the circumstances exist.”); see also State v. Fierro, 166 Ariz. 539, 551, 804 P.2d 72, 84 (1990) (a defendant must prove the existence of mitigating circumstances by a preponderance of the evidence), citing State v. Jordan, 126 Ariz. 283, 614 P.2d 825 (1980).
citation_b.signal: see also
citation_b.identifier: 804 P.2d 72, 84
citation_b.parenthetical: a defendant must prove the existence of mitigating circumstances by a preponderance of the evidence
citation_b.sentence: See Loonier v. State, 768 P.2d 1042, 1046-47 (Wyo. 1989) (Construing a kidnapping statute similar to Arizona’s, the court stated, “The statute defines a single crime, kidnapping, which carries a sentence of 20 years to life but provides for a reduced sentence based upon defendant’s conduct subsequent to the kidnapping____ Therefore, the defendant has the burden of going forward with evidence to show that the circumstances exist.”); see also State v. Fierro, 166 Ariz. 539, 551, 804 P.2d 72, 84 (1990) (a defendant must prove the existence of mitigating circumstances by a preponderance of the evidence), citing State v. Jordan, 126 Ariz. 283, 614 P.2d 825 (1980).