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PINKSTON v. STATE

No. 49A02-0412-CR-1003.

836 N.E.2d 453 (2005)

Deangelo PINKSTON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied January 11, 2006.

Attorney(s) appearing for the Case

Marshelle Dawkins Broadwell, Marion County Public Defender Agency, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

ROBB, Judge.

Following a jury trial, Deangelo Pinkston was found guilty of theft and auto theft, both Class D felonies. The trial court sentenced Pinkston to a four-year term of imprisonment. Pinkston now appeals his sentence. We affirm in part, reverse in part, and remand.

Issues

Pinkston raises one issue for our review, which we expand and restate as follows:

1. Whether the aggravator phase of Pinkston's bifurcated...

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