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HIGGINBOTHAM v. STATE

No. 49A02-0404-CR-342.

826 N.E.2d 5 (2005)

Alonzo HIGGINBOTHAM, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Publication Ordered April 22, 2005.

Attorney(s) appearing for the Case

Danielle L. Gregory, Marion County Public Defender, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Elizabeth Rogers, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

Alonzo Higginbotham ("Higginbotham") pled guilty to Class C felony battery1 in Marion Superior Court. Pursuant to the plea agreement, he was sentenced to serve eight years with two years suspended to probation. He appeals and argues that his sentence violates his Sixth Amendment right to a jury trial under Blakely v. Washington. Concluding that he waived...

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