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SMITH v. STATE

No. 40A01-0502-CR-72.

829 N.E.2d 1021 (2005)

Justin L. SMITH, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied August 25, 2005.

Attorney(s) appearing for the Case

Jason J. Pattison, Jenner Auxier & Jacobs, LLP, Madison, for Appellant.

Steve Carter, Attorney General of Indiana, George P. Sherman, Deputy Attorney General, Indianapolis, for Appellee.

OPINION

MAY, Judge.

Justin Smith appeals the sentence imposed after his plea of guilty to Dealing in Methamphetamine, a Class B felony.1 He raises five issues on appeal, which we restate as:

1. Whether the State improperly failed to notify Smith of the aggravating factors it planned to use against him at the sentencing hearing;

2. Whether the separation of powers doctrine is violated when a trial court relies...

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