McCANN v. STATE

No. 49S05-0104-CR-209.

749 N.E.2d 1116 (2001)

Mario McCANN, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

June 20, 2001.


Attorney(s) appearing for the Case

Amy L. Dell, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, James B. Martin, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


BOEHM, Justice.

We hold that the pregnancy of a victim, like any other circumstance that may extend the harm inflicted by a crime, may be an aggravating circumstance in sentencing whether or not the perpetrator is aware that the victim is pregnant.

Factual and Procedural Background

On August 2, 1997, Mario McCann visited A.L. and Anthony Dozier at their home. After McCann left, A.L. went upstairs, fell...

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