Sullivan v. State

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,…