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SMITH v. STATE

No. 64S03-0406-CR-284.

825 N.E.2d 783 (2005)

Maurice K. SMITH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

April 20, 2005.

Attorney(s) appearing for the Case

Matthew D. Soliday, Valparaiso, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Jodi Kathryn Stein, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 64A03-0306-CR-204.

SULLIVAN, Justice.

Defendant Maurice K. Smith's sentence in this case was increased by 10 years because the trial court found him to be a "repeat sexual offender." He contends that the Indiana and United States Constitutions require a jury determination of repeat sexual offender status before such an enhancement may be imposed. We...

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