Miller v. State

OPINION ON REHEARING

RILEY, Judge.

Appellant-Defendant, Leslie Miller (Miller), petitions for rehearing, asking us to revisit his sentence for three counts of child molesting, one Class A felony and two Class C felonies, Ind.Code § 35-42-4-3, in light of the trial court’s “Order Clarifying Sentence,” which the trial court entered sua sponte after we issued our original opinion. Because Miller’s sentence, as clarified by the trial court, violates the United States Supreme Court’s opinion in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), reh’g denied, we are bound to…