Fulkrod v. State

OPINION

SULLIVAN, Judge.

Appellant, Richard Fulkrod, appeals the denial of his motion to correct erroneous sentence. Upon appeal, Fulkrod presents two issues for our review: (1) whether in imposing a forty-year sentence the trial court violated his rights as set forth in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 LEd.2d 403 (2004), reh'g denied, and (2) whether the decision in Blakely is a new rule of law which should be applied retroactively.

*1065We affirm.

In February 1992, the State charged Fulkrod with murder after he shot his estranged wife four times during an argument, killing…