Legal Opinion
Trusley v. State
Indiana Court of Appeals
Decided November 24, 2004No. 41A01-0403-CR-109PublishedCited by 6 opinions
1Opinion of the Court
OPINION
MAY, Judge.
Kelli Jo Trusley entered a plea of guilty to reckless homicide, a Class C felony.1 The trial court sentenced her to eight years, with two years suspended. Trusley appeals her sentence, contending the enhancement of her sentence violated her Sixth Amendment right to have a jury determine the facts on which the enhancement was based.2
We remand.
FACTS AND PROCEDURAL HISTORY
On February 27, 2001, Trusley operated a day care center in Greenwood, Indiana. *111Ten-month-old Brian Small3 was in her care that day. Trusley told police that sometime around noon she put Small down for a nap…
Also in this document: Concurrence.
2Cases cited5 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Holden v. StateIndiana Court of Appeals · 2004
- Strong v. StateIndiana Court of Appeals · 2005
- Department of Revenue v. There to Care, Inc.Indiana Court of Appeals · 1994
3Cited by6 opinions
- Trusley v. StateIndiana Supreme Court · 2005
- Kendall v. StateIndiana Court of Appeals · 2008
- Kendall v. StateIndiana Court of Appeals · 2008
- Reyes v. StateIndiana Court of Appeals · 2005
- Reyes v. StateIndiana Court of Appeals · 2005
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