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PEDRAZA v. STATE

No. 49S04-0711-CR-516.

887 N.E.2d 77 (2008)

Rosalio PEDRAZA, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 22, 2008.

Attorney(s) appearing for the Case

Michael R. Fisher, Indianapolis, IN, Attorney for Appellant.

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

SHEPARD, Chief Justice.

Appellant Rosalio Pedraza contends that the trial court improperly used the same prior conviction both as an element of one of his present offenses and as an aggravating circumstance supporting an increased sentence. We conclude that under Indiana's new "advisory" sentencing scheme, such use of a prior conviction does not amount to an impermissible double enhancement.

Facts and Procedural History

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