Pedraza v. State

SHEPARD, Chief Justice.

Appellant Rosalio Pedraza contends that the trial court improperly used the same prior conviction both as an element of one of his present offenses and as an aggravating circumstance supporting an increased sentence. We conclude that under Indiana’s new “advisory” sentencing scheme, such use of a prior conviction does not amount to an impermissible double enhancement.

Facts and Procedural History

Around midnight on August 13, 2005, appellant Rosalio Pedraza drove through a red light at a traffic intersection in front of the White River Gardens in Indianapolis. His SUV…