Persistent Spell, Heightened, and other metamagic oddities..

[Arravis]

Persistent Spell metamagic feat (Complete Arcane) says:
"Spells with a fixed or personal range can have their duration increased to 24 hours."

My question is this... is Range: Touch a "fixed" range?

Also...
If an Incantrix (Player's Guide to Faerun) with the Improved Metamagic ability (which reduces the required increase in spell level of a metamagic feat by one) uses the Heighten metamagic on a Charm Person spell to make it a 9th level spell... does it actually use a 8th level slot but function as a 9th level spell?

Thanks guys!

 

[Infiniti2000]

My question is this... is Range: Touch a "fixed" range?

No. A fixed range is "Range Expressed in Feet". Note also that you cannot apply persistent spell to spells of instantaneous duration or whose effects are discharged. And, to be more explicit on your question, per the errata: "Spells of instantaneous duration, spells with a range of touch, and spells whose effects are discharged cannot be affected by this feat."

Also...
If an Incantrix (Player's Guide to Faerun) with the Improved Metamagic ability (which reduces the required increase in spell level of a metamagic feat by one) uses the Heighten metamagic on a Charm Person spell to make it a 9th level spell... does it actually use a 8th level slot but function as a 9th level spell?

I'm not sure of the RAW, not having the text in front of me, but I'd say no. You can't cast a 9th level spell in an 8th level slot.

 

[Hypersmurf]

You can't cast a 9th level spell in an 8th level slot.

Isn't that how the Earth Spell feat works? (Earth Spell? Something like that. The one that makes Heighten cost one slot level less than normal.)

-Hyp.