KIPLINGER v. STATE

No. 62S00-0809-CR-486.

922 N.E.2d 1261 (2010)

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

Supreme Court of Indiana.

March 22, 2010.


Attorney(s) appearing for the Case

John Pinnow, Greenwood, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, James B. Martin, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


SULLIVAN, Justice.

Defendant Kyle Kiplinger appeals his sentence of life in prison without possibility of parole imposed by the trial court after the jury failed to reach a unanimous sentencing recommendation. Because there is no jury finding of record that the State proved the charged aggravating circumstance beyond a reasonable doubt, the judge did not have authority under the Sixth Amendment to impose a sentence of life without parole. We vacate the trial court...

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