Cowens v. State

Indiana Court of Appeals

Cowens v. State

817 N.E.2d 255, 2004 WL 2384464

CourtIndiana Court of Appeals

DecidedOctober 25, 2004

Docket01A02-0312-CR-1048

StatusPublished

Cited by16 cases

This text of 817 N.E.2d 255 (Cowens v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cowens v. State, 817 N.E.2d 255, 2004 WL 2384464 (Ind. Ct. App. 2004).

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Opinion

OPINION ON PETITION FOR REHEARING

SULLIVAN, Judge.

Joshua Cowens has filed a petition for rehearing alleging violation of the holding in Blakely v. Washington, - U.S. --, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Concluding that Blakely is not implicated in the situation where a trial court orders consecutive sentences based upon its discretion as granted by Indiana Code § 85-50-1-2(c) (Burns Code Ed. Supp.2008), we decline to extend the holding of Blakely to consecutive sentences.

Judgment affirmed.

MAY, J., and VAIDIK, J., concur.

ORDER

This Court having heretofore handed down its Memorandum Decision on the Appellant's Petition for Rehearing marked Not for Publication;

The Appellee, by counsel, has filed herein a Verified Motion for Publication of Memorandum Decision, alleging therein that this decision clarifies the effect that Blakely has on judicial discretion for sentencing and that there are no published decisions in Indiana that have applied Blakely in this manner.

The Court having examined said Motion for Publication now finds that the same should be granted.

IT IS THEREFORE ORDERED that the Appellee's Verified Motion for Publication of Memorandum Decision addressed to this Court's decision on rehearing, heretofore handed down in this cause on Octo *256 ber 6, 2004, is now ORDERED PUBLISHED.

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