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McNEW v. STATE

No. 73A01-0404-CR-176.

822 N.E.2d 1078 (2005)

Robert McNEW, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

February 25, 2005.

Attorney(s) appearing for the Case

Timothy W. Oakes, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General, Nicole M. Schuster, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

Robert McNew appeals the enhanced sentence he received for Aggravated Battery. Specifically, he asserts that his enhanced sentence violates the United States Supreme Court's recent decision in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), reh'g denied, because his Sixth Amendment right to have the facts supporting the enhancement of his sentence tried to a jury was...

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