HOWARD, Judge.
¶ 1 Dominic Flores appeals from his convictions and sentences for eight counts of first-degree trafficking in stolen property and one count of theft. He argues the trial court erred in sentencing him as a repetitive offender pursuant to A.R.S. § 13-703(B)(1) because the jury, and not the court, should have determined whether his offenses had been committed "on the same occasion." We affirm.
¶ 2 Flores initially was charged with seven counts of second-degree burglary, nine counts of first-degree trafficking in stolen property, and theft of property valued between $4,000 and $25,000. The state alleged that all but the theft and one of the trafficking counts were not committed on the same occasion but consolidated for trial. See § 13-703(B)(1). The charges stemmed from seven home burglaries between May 14 and June 11, 2012. Flores had pawned much of the property taken in those burglaries on the same day as the burglaries, and other items stolen in those burglaries were found in his home. The trafficking count not alleged to fall within § 13-703(B)(1) was dismissed before trial. After a jury trial, Flores was acquitted of the burglary charges but convicted of the remaining trafficking counts as well as theft.
¶ 3 Before the jury returned its verdicts, Flores argued, based on Alleyne v. United States, ___ U.S., 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), that the jury was required to determine whether the offenses had been committed on the same occasion. The trial court rejected that argument, concluding those cases were inapplicable and finding the offenses
¶ 4 On appeal, Flores repeats his argument that the jury, and not the trial court, was required to find that the trafficking offenses had not been committed on the same occasion before he could be sentenced as a repetitive offender under § 13-703(B)(1). Pursuant to Alleyne and Apprendi, "[a]ny fact that, by law, increases the penalty for a crime is an `element' that must be submitted to the jury and found beyond a reasonable doubt." Alleyne, ___ U.S. at ___, 133 S.Ct. at 2155. This rule encompasses facts that increase a sentence's mandatory minimum, id., and those that increase a sentence beyond the presumptive term, State v. Price, 217 Ariz. 182, ¶ 8, 171 P.3d 1223, 1226 (2007).
¶ 5 Section 13-703(B)(1) provides that a person who "[i]s convicted of three or more felony offenses that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions" is sentenced as a category-two repetitive offender, and therefore the person is subject to a higher sentencing range than a category-one or first-time offender. See generally A.R.S. §§ 13-702 through 13-703. The finding that the offenses were not committed on the same occasion but consolidated for trial enhanced Flores's sentence. See § 13-703(B)(1), (I). Accordingly, the determination whether his offenses had been committed on the same occasion pursuant to § 13-703(B) was required to have been submitted to the jury, inherent in the jury's verdicts, or otherwise excepted from Alleyne and Apprendi.
¶ 6 Flores argues that whether his offenses were committed on the same occasion is not inherent in the jury verdict because the facts necessary to that determination were not found by the jury. In State v. Kelly, 190 Ariz. 532, ¶ 6, 950 P.2d 1153, 1155 (1997), our supreme court identified five factors to be considered when determining whether offenses were committed on the same occasion: "1) time, 2) place, 3) number of victims, 4) whether the crimes were continuous and uninterrupted, and 5) whether they were directed to the accomplishment of a single criminal objective."
¶ 7 Flores reasons that the first three Kelly factors, the time, place, and number of victims, are "not ... element[s] of the offense[s] and therefore not determined by the jury." But the jury verdict forms stated that the jurors found Flores guilty of the various trafficking offenses "as alleged" in the relevant count of the indictment. Each charge of trafficking in the indictment specified the date of the offense, the property in question, and the identity of the victim. Thus, by finding Flores guilty of those offenses, the jury implicitly found those facts.
¶ 9 Additionally, we have found no Arizona case concluding that offenses were committed on the same occasion when the crimes were committed on different days, involved different property, or had unrelated victims.
¶ 10 Flores insists, however, that his crimes were "continuous and uninterrupted" under the fourth Kelly factor, and thus could have been committed on the same occasion, because he "maintained some of the property from each of the burglaries." But, even assuming he did so, that does not mean his
¶ 11 As to the final Kelly factor, Flores asserts that his offenses were directed to accomplish a "single criminal objective," that of "obtaining cash for stolen property."
¶ 12 Moreover, even if there were some "single criminal objective" present in this case, that fact alone would not permit the conclusion that Flores's offenses were committed on the same occasion. The supreme court in Kelly stated offenses could be designated as occurring on the same occasion even when the other factors "were not strictly or individually satisfied" if those offenses "were directed to the accomplishment of a single criminal objective." 190 Ariz. 532, ¶¶ 6, 9, 950 P.2d at 1155-56. Our supreme court further instructed, however, that the fifth factor must be evaluated "in conjunction with the [other four] factors to determine whether two offenses were committed on the `same occasion.'" Id. ¶ 9. Thus, in the absence of any support for the other four factors, the fifth factor cannot alone sustain a finding the offenses were committed on the same occasion.
¶ 13 Consistent with our supreme court's directive in Kelly, we have found no cases finding the fifth factor, standing alone, sufficient to conclude that offenses were committed on the same occasion. For example, in Sheppard, our supreme court found that theft and trafficking had been committed on the same occasion when the defendant stole the vehicle and delivered it to an undercover officer the same day, showing the offenses were close in time. 179 Ariz. at 84-85, 876
¶ 14 Similarly, in Noble, although the court noted the defendant's kidnapping and molestation offenses were directed toward a single criminal objective, it also observed that the conduct involved a single victim, was continuous and uninterrupted, and encompassed a "very brief" time period. 152 Ariz. at 286, 731 P.2d at 1230. And in Derello, although we concluded prohibited possession and flight furthered the defendant's single criminal objective of robbery, we discussed the presence of several other Kelly factors, including that the events were continuous and uninterrupted and that the offenses were "closely related both by time and distance." 199 Ariz. 435, ¶¶ 13-15, 18 P.3d at 1237.
¶ 15 In Rasul, this court evaluated the connection between prior convictions for arson and conspiracy to commit arson, which had been committed on the same day. 216 Ariz. 491, ¶ 23, 167 P.3d at 1292. We observed that, although the "`spatial and temporal relationship between the two crimes'" was "fairly close," that relationship "may not independently support a finding that they occurred on the same occasion." Id., quoting Derello, 199 Ariz. 435 ¶ 9, 18 P.3d at 1236. The offenses, however, were directed toward the same victim. Id. ¶ 24. Viewing those factors in light of the fact the offenses were directed toward a single criminal objective, we concluded they had been committed on the same occasion. Id. This analysis is, like that in the other cases discussed, entirely consistent with our conclusion that the fifth Kelly factor cannot alone support a finding that offenses were committed on the same occasion.
¶ 16 Here, the indictment demonstrates that the first four factors are wholly not present, not merely "not strictly or individually satisfied." Kelly, 190 Ariz. 532, ¶ 6, 950 P.2d at 1155. And the facts inherent in the jury's verdicts conclusively establish that Flores's offenses were not committed on the same occasion.
¶ 17 For the reasons stated, we affirm Flores's convictions and sentences.