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STATE v. BARKER

No. 49S00-0110-DP-461.

768 N.E.2d 425 (2002)

STATE of Indiana, Appellee (Plaintiff below), v. Charles E. BARKER, Appellee (Defendant below).

Supreme Court of Indiana.

April 26, 2002.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Stephen R. Creason, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Monica Foster, Rhonda Long-Sharp, Indianapolis, IN, Attorneys for Appellee.

PER CURIAM.

Appellant, the State of Indiana, brings this interlocutory appeal from a trial court order declaring that Indiana's death penalty statute, Indiana Code § 35-50-2-9, is unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We elected to accept jurisdiction and granted transfer pursuant to Indiana Appellate Rule 56(A).1 For the reasons...

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