Campbell v. State

I

I agree that in considering aggravating circumstances, the court is not restricted to those specific factors set forth in I.C. 85-*117038-1-7(b). Ballard v. State (1988) Ind., 531 N.E.2d 196. I do not agree, however, that here the factors recited by the court as aggravating cireumstances, or any one of them, permits imposition of consecutive sentences.

The majority opinion appropriately observes that the trial court erred in holding the secret nature of the crime to be an aggravating circumstance. Such secrecy, as noted, "is a common element in all similar crimes." P. 1169. Similarly, in my…