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HEATH v. STATE

No. 57S04-0409-CR-00409.

826 N.E.2d 650 (2005)

Bruce G. HEATH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 10, 2005.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Lorraine L. Rodts, Special Assistant to the Public Defender, Attorneys for Appellant.

Ann M. Sutton, Kathleen M. Sweeney, Michael R. Limrick, Joel M. Schumm, Indianapolis, IN, Attorneys for Amicus Curiae Marion County Public Defender Agency.

Steve Carter, Attorney General of Indiana, Matthew D. Fisher, Ellen H. Meilaender, Deputy Attorneys General, Attorneys for Appellee.

Kim Hall, Knox, IN, Stephen J. Johnson, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Prosecuting Attorney's Council.

SHEPARD, Chief Justice.

Appellant Bruce G. Heath challenges the trial court's reliance on three aggravating factors to impose an enhanced sentence for a criminal recklessness conviction. In accordance with our recent holding in Smylie v. State, we hold that Heath properly preserved the issue on appeal by raising the claim in his initial appellate brief and that the sentence enhancement violates Blakely v. Washington.

Facts and Procedural History...

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