NEFF v. STATE

No. 12S02-0606-CR-232.

849 N.E.2d 556 (2006)

Kyle NEFF, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 27, 2006.


Attorney(s) appearing for the Case

Stephanie C. Doran, Kokomo, IN, Teresa D. Harper, Bloomington, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Justin F. Roebel, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


On Petition to Transfer from the Indiana Court of Appeals, No. 12A02-0411-CR-920

SHEPARD, Chief Justice.

This appeal raises familiar questions regarding the permissibility of aggravators used in sentencing a criminal defendant. It also raises the novel question of whether the appropriate remedy when aggravators are found improper is always remand with opportunity for the State to prove to a jury those aggravators found improper under Blakely. We conclude...

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