Legal Opinion

Diaz v. State

Indiana Court of Appeals

Decided December 30, 2005No. 20A04-0504-CR-227PublishedCited by 5 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

Efren Radillo Diaz appeals the trial court's imposition of consecutive sentences for his convictions on possession of methamphetamine weighing three- grams or more with intent to deliver and dealing methamphetamine weighing three grams or more. We find that the trial court's sentencing order was insufficient to support consecutive sentencing because the trial judge did not clearly state that he found the aggravating cireumstances in this case to outweigh the mitigating circumstances. Therefore, we must remand with instructions to enter a clarified sentencing…

2Cases cited5 opinions

  1. Smylie v. StateIndiana Supreme Court · 2005
  2. Marcum v. StateIndiana Supreme Court · 2000
  3. Wentz v. StateIndiana Supreme Court · 2002
  4. Gist v. StateIndiana Court of Appeals · 2004
  5. Johnson v. StateIndiana Court of Appeals · 2003

3Cited by5 opinions

  1. Creekmore v. StateIndiana Court of Appeals · 2006
  2. Diaz v. StateIndiana Supreme Court · 2010
  3. Rhoiney v. StateIndiana Court of Appeals · 2010
  4. Efren Radillo Diaz v. State of IndianaIndiana Court of Appeals · 2013
  5. Ketchem v. StateIndiana Court of Appeals · 2006

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