Neff v. State

On Petition to Transfer from the Indiana Court of Appeals, No. 12A02-0411-CR-920

SHEPARD, Chief Justice.

This appeal raises familiar questions regarding the permissibility of aggravators used in sentencing a criminal defendant. It also raises the novel question of whether the appropriate remedy when aggravators are found improper is always remand with opportunity for the State to prove to a jury those aggravators found improper under Blakely. We conclude the Court of Appeals was correct simply to revise Neffs sentence.

Facts and Procedural History

The State charged Neff for his role in helping…