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EATON v. STATE

No. 42A05-0407-CR-354.

825 N.E.2d 1287 (2005)

Mitchell J. EATON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 2, 2005.

Attorney(s) appearing for the Case

J. Dirk Carnahan, Vincennes, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Richard C. Webster, Deputy Attorney General Indianapolis, IN, Attorneys for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

Mitchell Eaton pled guilty to Dealing in a Schedule II Controlled Substance, a Class B felony. He asserts on appeal that his sentence was inappropriate in light of the nature of the offense and his character and asks this Court to revise his sentence. We conclude that the trial court erroneously sentenced Eaton because it imposed the presumptive sentence after expressly finding that the mitigating factors outweighed...

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