Legal Opinion

Hart v. State

Indiana Court of Appeals

Decided June 7, 2005No. 02A04-0410-CR-531PublishedCited by 12 opinions

1Opinion of the Court

OPINION

KIRSCH, Chief J.

Michael J. Hart entered a guilty plea to three counts of child molesting, 1 as Class A felonies, and two counts of child exploitation, 2 as Class C felonies. Hart challenges the appropriateness of his sentence. 3

We affirm Hart's sentences for the Class A felonies, vacate the sentence enhancements on the Class C felonies, and remand with instructions.

FACTS AND PROCEDURAL HISTORY

Between January 3, 2004, and February 4, 2004, Hart had sexual intercourse with and performed deviant sexual conduct on his four-year-old daughter, K.H., on several occasions. He created digital…

2Cases cited11 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Joyner v. StateIndiana Supreme Court · 1997
  3. Mitchem v. StateIndiana Supreme Court · 1997
  4. McCann v. StateIndiana Supreme Court · 2001
  5. Bacher v. StateIndiana Supreme Court · 2000

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Scott v. StateIndiana Court of Appeals · 2006
  2. Paul J. Coy v. State of IndianaIndiana Court of Appeals · 2013
  3. Powell v. StateIndiana Court of Appeals · 2008
  4. McCoy v. StateIndiana Court of Appeals · 2006
  5. Beatty v. StateIndiana Court of Appeals · 2006

7 more not listed; retrieve them via the Exa API.

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