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AVERITTE v. STATE

No. 49A05-0405-CR-276.

824 N.E.2d 1283 (2005)

Cynthia AVERITTE, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 8, 2005.

Attorney(s) appearing for the Case

Timothy J. O'Connor, O'Connor & Auersch, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Matthew D. Fisher, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAILEY, Judge.

Case Summary

Appellant-Defendant Cynthia Averitte ("Averitte") appeals her sixty-year sentence for murder.1 We affirm.

Issue

Averitte raises one issue, which we restate as whether the trial court committed fundamental error when it accepted her jury trial waiver because the trial court failed to advise her that she had the right to a have a jury determine, beyond a reasonable...

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