Legal Opinion

Pennington v. State

Indiana Court of Appeals

Decided February 4, 2005No. 49A02-0404-CR-309PublishedCited by 25 opinions

1Opinion of the Court

OPINION

RATLIFF, Senior Judge.

STATEMENT OF THE CASE

Defendant-Appellant Larry Pennington appeals the sentence he received for his conviction of the Class D felony offense of operating a motor vehicle while intoxicated with a previous conviction within five years. Ind.Code § 9-30-5-8. He was sentenced to a term of three years, with six months suspended.

We affirm.

ISSUES

Pennington presents two issues for our review, which we restate as:

I. Whether Pennington's sentence is inappropriate pursuant to Ind. Appellate Rule 7(B).

II. Whether Pennington's sentence violates his constitutional rights as set…

Also in this document: Concurrence.

2Cases cited14 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Hammons v. StateIndiana Supreme Court · 1986
  4. Mayes v. StateIndiana Supreme Court · 2001
  5. Battles v. StateIndiana Supreme Court · 1997

9 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Johnson v. StateIndiana Court of Appeals · 2005
  2. McKinney v. StateIndiana Court of Appeals · 2007
  3. Banks v. StateIndiana Court of Appeals · 2006
  4. James v. StateIndiana Court of Appeals · 2007
  5. Timothy McSchooler v. State of IndianaIndiana Court of Appeals · 2014

20 more not listed; retrieve them via the Exa API.

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