Smith v. State

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 64A03-08306-CR-204.

SULLIVAN, Justice.

Defendant Maurice K. Smith's sentence in this case was increased by 10 years because the trial court found him to be a "repeat sexual offender." He contends that the Indiana and United States Constitutions require a jury determination of repeat sexual offender status before such an enhancement may be imposed. We affirm the trial court's decision. Smith's rights under Article I, Section 19, of the Indiana Constitution are not implicated because the Legislature has not committed the determination…