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COWENS v. STATE

No. 01A02-0312-CR-1048.

817 N.E.2d 255 (2004)

Joshua L. COWENS, Appellant-Defendant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana.

Publication Ordered October 25, 2004.

Attorney(s) appearing for the Case

Kimberly A. Jackson, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Ryan D. Johanningsmeier, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION ON PETITION FOR REHEARING

SULLIVAN, Judge.

Joshua Cowens has filed a petition for rehearing alleging violation of the holding in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Concluding that Blakely is not implicated in the situation where a trial court orders consecutive sentences based upon its discretion as granted by Indiana Code § 35-50-1-2(c) (Burns Code Ed. Supp.2003), we decline to extend...

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