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MANN v. STATE

No. 30A04-0009-CR-381.

742 N.E.2d 1025 (2001)

Warlito G. MANN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

February 19, 2001.

Attorney(s) appearing for the Case

Randall V. Sorrell, Johnson & Sorrell, Fortville, IN, Attorney for Appellant.

Karen Freeman-Wilson, Attorney General of Indiana, Yvonne M. Carter, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MATTINGLY, Judge.

Warlito G. Mann was sentenced to fifty years in the Indiana Department of Correction, with five years suspended, after pleading guilty to voluntary manslaughter. On appeal, he raises two issues, which we consolidate1 and restate as whether the trial court improperly enhanced his sentence when it recognized a significant mitigating circumstance yet imposed the maximum sentence.

We remand.

...

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