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Wednesday, September 29, 2004
Indiana Decisions - [Updated] First Indiana state court decision applying Blakely?
I'm told the Court of Appeals today (the panel was Sharpnack, Bailey, and May) issued an opinion that stated:
The trial court enhanced Baehl's sentence beyond the one and one-half year presumptive sentence based upon two aggravating factors that were not reflected in the jury's verdict and were not admitted by Baehl. The enhancement of Baehl's sentence beyond the presumptive sentence for a Class D felony violates the Supreme Court's holding in Blakely[.] Consequently, we reverse Baehl's sentence and remand for resentencing consistent with Blakely and Apprendi.The decision was Baehl v. State, 87D01-0112-CF-109 (29 September 2004), and incredibly, according to my source, is listed as Not for Publication.
[Update] I'm pleased to report that Michael Ausbrook of the INCourts blog has sent me a scanned copy of Baehl v. State. Access it here. However, I'd really like to be able to quote from the opinion, so will try to resolve that tomorrow.
Posted by Marcia Oddi on September 29, 2004 10:32 PM
Posted to Indiana Decisions