Legal Opinion

Boyle v. State

Indiana Court of Appeals

Decided July 31, 2006No. 49A04-0507-CR-369PublishedCited by 6 opinions

1Opinion of the Court

OPINION

CRONE, Judge.

Case Summary

David Boyle appeals the sentence he received after pleading guilty to burglary, criminal deviate conduct, and attempted rape, all class A felonies. We reverse and remand for resentencing.

Issues

Boyle presents one issue: whether the "court erroneously considered factors which should have been specifically plead, tried to a jury, and proved beyond a reasonable doubt in light of" Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Smylie v. State, 823 N.E.2d 679 (Ind.2005), cert. denied, and which resulted in an inappropriate sentence.…

Also in this document: Concurrence.

2Cases cited22 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Griffith v. KentuckySupreme Court of the United States · 1987
  3. Childress v. StateIndiana Supreme Court · 2006
  4. Smylie v. StateIndiana Supreme Court · 2005
  5. Collins v. StateIndiana Supreme Court · 2004

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3Cited by6 opinions

  1. Allen v. StateIndiana Court of Appeals · 2007
  2. Baysinger v. StateIndiana Court of Appeals · 2006
  3. Meadows v. StateIndiana Court of Appeals · 2006
  4. David Boyle v. State of IndianaIndiana Supreme Court · 2007
  5. Baysinger v. StateIndiana Court of Appeals · 2006

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

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