Kincaid v. State

OPINION ON REMAND

SHARPNACK, Judge.

Joseph Kincaid appealed his convictions and sentences for aggravated battery as a class B felony 1 and battery as a class B felony, 2 and we affirmed in part, reversed in part, and remanded. Kincaid v. State, 831 N.E.2d 288 (Ind.Ct.App.2005). In part, we held that Kincaid had forfeited his claim under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2581, 159 L.Ed.2d 408 (2004), reh'g denied, because, although Blakely was decided two weeks before Kincaid's sentencing hearing, he failed to raise the claim to the trial court. Kincaid, slip op. at 19-21. The…