Banks v. State

Banks was charged with a Class C felony on October 8, 2004, and pleaded guilty on February 23, 2005. On April 25, 2005, our legislature responded to Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), reh'g denied 542 U.S. 961, 125 S.Ct. 21, 159 L.Ed.2d 851 (2004), by amending our sentencing statutes to replace presumptive sentences with "advisory" sentences. Banks was sentenced after the effective date of the amendment, on May 10, 2005. The majority assumes, as do Banks and the State, that the new version of Ind.Code § 35-50-2-6, providing for an advisory sentence,…