Legal Opinion

Burgess v. State

Indiana Court of Appeals

Decided September 18, 2006No. 18A04-0510-CR-714PublishedCited by 3 opinions

1Opinion of the Court

OPINION

SULLIVAN, Judge.

Appellant, Kevin Burgess, appeals his sentence following a guilty plea to Dealing in Methamphetamine as a Class A felony, 1 for which he received the presumptive 2 thirty-year sentence. Upon appeal, Burgess claims the trial court erred upon sentencing him by improperly identifying, weighing, and evaluating the mitigating and aggravating circumstances.

We affirm.

According to the factual basis entered at the time of the September 28, 2005 plea hearing, on December 16, 2004, Burgess was living at 405 South Hutchinson, Mun-cie, within 1000 feet of St. Mary's Catholic School.…

2Cases cited14 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Childress v. StateIndiana Supreme Court · 2006
  3. Fugate v. StateIndiana Supreme Court · 1993
  4. Sweeney v. StateIndiana Supreme Court · 1998
  5. Henderson v. StateIndiana Supreme Court · 2002

9 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Eversole v. StateIndiana Court of Appeals · 2007
  2. Adam R. McCarthy v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2020
  3. Shannon Fledderman v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2017

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