Baysinger v. State

*1213OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Steven L. Bay-singer (Baysinger), appeals his sixty-five year sentence for murder, Ind.Code § 35-42-1-1(1).

We affirm.

ISSUES

Baysinger raises two issues on appeal, which we restate as follows:(1) Whether Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), reh'g denied, applies retroactively to Baysinger's case, thereby calling into question the trial court's findings of certain aggravating circumstances; and(2) Whether Baysinger was properly sentenced.

FACTS AND PROCEDURAL HISTORY

In the summer of 1996,…