Neff v. State

OPINION

MATHIAS, Judge.

Kyle Neff ("Neff") pled guilty in Clinton Cireuit Court to Class C felony aiding, inducing or causing battery and was sentenced to serve eight years. Neff appeals his sentence raising four issues; however, we find the following two issues to be dispositive:

I. Whether the trial court improperly considered Neffs immunized testimony when it sentenced Neff; and,

II. Whether the trial court improperly relied on aggravating circumstances in violation of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004).

Concluding that the trial court improperly relied…