Aguilar v. State

OPINION ON REHEARING

CRONE, Judge.

Case Summary

Arturo Aguilar petitions for rehearing in Aguilar v. State, 811 N.E.2d 476 (Ind.Ct. App.2004), challenging the enhancement of his sentence under Blakely v. Washington, - U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We grant Aguilar's petition and remand for resentencing.

Issue

We restate the issue Aguilar presents as whether the enhancement of his sentence violated his Sixth Amendment right to have a jury determine the facts upon which the enhancement was based.

Facts and Procedural History

Aguilar stabbed Sheila Michael to death in January 2001. A…