Riffe v. State

I respectfully dissent for the reason that here, Riffe was granted relief from the post-conviction court and was resentenced.1 Following the resentencing hearing, at which the trial court reviewed the existence or nonexistence of aggravating and mitigating circumstances, the court imposed sentences identical to those originally imposed. It is my view that at resentencing, Riffe was entitled to application of the ameliorative amendment of I.C. 35-50-1-2.

The State takes the position that at resen-tencing, the court merely determined whether or not to impose consecutive or concurrent sentences…