holding that where defendant indicated there were no corrections to be made to presentence report and did not object to introduction of probable cause affidavit at sentencing hearing, defendant effectively admitted to contents of report and affidavit
How later courts described this case
- holding that where defendant indicated there were no corrections to be made to presentence report and did not object to introduction of probable cause affidavit at sentencing hearing, defendant effectively admitted to contents of report and affidavit
- holding that where the defendant indicated there were no corrections to be made to presentence report and did not object to introduction of probable cause affidavit at sentencing hearing, the defendant effectively admitted to contents of report and affidavit
- where defendant indicated there were no corrections to be made to presentence report and did not object to introduction of PCA at sentencing hearing, defendant effectively admitted to contents of report and affidavit
- "Because Sullivan was given permission to file this belated appeal, he may rely on Blakely even though he was sentenced more than five years before it was decided because his case was `not yet final' when Blakely was decided."
Written by the judges who cited it.
The opinion
BARNES, Judge,
concurring in result.
I concur with the result reached by the majority that any Blakely error in this case was harmless. I disagree with the analysis the majority utilizes with regard to whether it is "confident" the error was harmless, citing to Edwards v. State, 822 N.E.2d 1106, 1110 (Ind.Ct.App.2005). I have elsewhere stated my rationale for believing that we must review Blakely error according to the standard of whether such error was harmless beyond a reasonable doubt. See Davis v. State, 835 N.E.2d 1087 (Ind.Ct.App., 2005) (Barnes, J., concurring in result). I adhere to that belief in this case. Nonetheless, I conclude that any error in this case in relying on Blakely-impermissible aggravators was harmless beyond a reasonable doubt based on Sullivan's admission of having regularly molested his own children. Therefore, I concur in result.