Medina v. State

OPINION ON REHEARING

MATHIAS, Judge.

On June 2, 2005, this court issued Medina v. State, 828 N.E.2d 427 (Ind.Ct.App.*11432005). On July 5, 2005, Medina filed a petition for rehearing, asserting that this court erroneously relied upon Neder v. United States, 527 U.S. 1, 119 S.Ct. 1827, 144 L.Ed.2d 35 (1999). We grant Medina's petition solely to address Medina's claim, and otherwise affirm our original holding.

Medina claims that, in light of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), Neder's holding that the failure to submit an element to the jury is subject to…