Henderson v. State

Although the sentencing in this case took place after the effective date of the amendatory legislation concerning the applicable sentencing scheme, our review is appropriately made under the pre-existing statutory framework. Weaver v. State, 845 N.E.2d 1066 (Ind.Ct.App.2006). See also Patterson v. State, 846 N.E.2d 723 (Ind.Ct.App., 2006). But see Samaniego-Hernandez v. State, 839 N.E.2d 798 (Ind.Ct.App.2005)3

Here, although the presumptive/advisory sentence was imposed, the trial court chose to articulate aggravating and mitigating circumstances and found them to be equally balanced. When a…