Legal Opinion

Rembert v. State

Indiana Court of Appeals

Decided August 19, 2005No. 45A03-0412-CR-570PublishedCited by 5 opinions

1Opinion of the Court

OPINION

MAY, Judge.

Joseph Rembert appeals the sentence he received after his plea of guilty to aggravated battery, a Class B felony. 1 He raises two issues:

1. Whether Rembert's enhanced sentence of twenty years violates his Sixth Amendment rights; and

2. Whether the trial court enhanced Rembert's sentence without specifically finding the aggravating cireumstances outweighed the mitigating cireumstances.

We affirm.

FACTS AND PROCEDURAL HISTORY 2

On August 8, 2003, Rembert shot Domingo Edwards in the face, causing Edwards to become a quadriplegic. Rembert was charged with attempted murder, a Class A…

2Cases cited7 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Smylie v. StateIndiana Supreme Court · 2005
  4. Griffin v. StateIndiana Supreme Court · 1981
  5. Morgan v. StateIndiana Supreme Court · 2005

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

3Cited by5 opinions

  1. White v. StateIndiana Court of Appeals · 2006
  2. Jose Guzman v. State of IndianaIndiana Court of Appeals · 2013
  3. Banks v. StateIndiana Court of Appeals · 2006
  4. Banks v. StateIndiana Court of Appeals · 2006
  5. Patrick Palmer v. State of IndianaIndiana Court of Appeals · 2014

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