Wickliff v. State, 816 N.E.2d 1165 (Ind. Ct. App. 2004). · Go Syfert
Wickliff v. State, 816 N.E.2d 1165 (Ind. Ct. App. 2004). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 2005 · …are exempt from the apprendi/blakely rule at p. 1167
16 citation events (16 in the last 25 years) across 2 distinct courts.
Strongest positive: Kendall v. State (indctapp, 2008-05-09) · Strongest negative: McGinity v. State (indctapp, 2005-04-04)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited "but see" McGinity v. State
Ind. Ct. App. · 2005 · signal: but see · confidence high
But see Wickliff v. State, 816 N.E.2d 1165, 1167 (Ind.Ct.App.2004) (explaining that the imposition of a reduced or suspended sentence would depreciate the seriousness of the crime was exempt from Blakely because it was based on admissions by the defendant taken from the defendant's testimony), trans. denied.
discussed Cited "but see" McNew v. State
Ind. Ct. App. · 2005 · signal: but see · confidence high
But see Wickliff v. State, 816 N.E.2d 1165, 1167 (Ind.Ct.App.2004) (explaining that the aggravating factor that the imposition of a reduced or suspended sentence would depreciate the seriousness of the crime was exempt from Blakely because it was based on admissions by the defendant taken from the defendant's testimony), trans. demied.
discussed Cited as authority (rule) Kendall v. State (2×)
Ind. Ct. App. · 2008 · confidence medium
In Wickliff v. State, 816 N.E.2d 1165, 1166 (Ind.Ct.App.2004), decision on reh'g, we considered Wickliff's Blakely claim, which was raised for the first time in a Petition for Rehearing filed on August 16, 2004. [14] In Carson v. State, 813 N.E.2d 1187, 1189 (Ind.Ct.App.2004), decision on reh'g, we considered Carson's Blakely claim on its merits despite the fact that we found Carson had technically waived his Blakely claim by not making any challenge to his sentence on direct appeal.
discussed Cited as authority (rule) Young v. State
Ind. Ct. App. · 2005 · confidence medium
Just as the court in" Wrinkles found Ring not to be implicated because the jury necessarily found the aggravating circumstance to be satisfied when it convicted the defendant of multiple murders, we conclude Blakely is not implicated and Young’s Sixth Amendment rights were not violated because the trial court enhanced his sentence based only upon facts to which he admitted when he pled guilty. 3 *670 See Wickliff v. State, 816 N.E.2d 1165, 1167 (Ind.Ct.App.2004), trans. denied, (holding Blakely was not implicated by trial court’s finding that less than an enhanced sentence would depreciate…
discussed Cited as authority (rule) State of Arizona v. Jesus Antonio Aleman (2×) also: Cited "see"
Ariz. Ct. App. · 2005 · confidence medium
Indeed, Aleman knowingly and with the assistance of counsel stipulated to the former and acknowledged the latter to the court at sentencing and does not contest those facts or raise the theory adopted by the dissent. ¶38 Our supreme court has said: “In cases in which a defendant stipulates, confesses or admits to facts sufficient to establish an aggravating circumstance, we will regard that factor as established.” State v. Ring, 204 Ariz. 534, 563 , 65 P.3d 915, 944 (2003); see also State v. Finch, 205 Ariz. 170 , 68 P.3d 123 (2003) (defendant’s admission that he had shot victim to prev…
examined Cited as authority (rule) State v. Aleman (4×) also: Cited "see"
Ariz. Ct. App. · 2005 · confidence medium
Indeed, Aleman knowingly and with the assistance of counsel stipulated to the former and acknowledged the latter to the court at sentencing and does not contest those facts or raise the theory adopted by the dissent. ¶ 38 Our supreme court has said: "In cases in which a defendant stipulates, confesses or admits to facts sufficient to establish an aggravating circumstance, we will regard that factor as established." State v. Ring, 204 Ariz. 534, 563 , 65 P.3d 915, 944 (2003); see also State v. Finch, 205 Ariz. 170 , 68 P.3d 123 (2003) (defendant's admission that he had shot victim to prevent h…
discussed Cited as authority (rule) State v. Cleere (2×)
Ariz. Ct. App. · 2005 · confidence medium
Indeed, our supreme court has stated, "In cases in which a defendant stipulates, confesses or admits to facts sufficient to establish an aggravating circumstance, we will regard that factor as established." State v. Ring, 204 Ariz. 534, ¶ 93 , 65 P.3d 915, 944 (2003); see also State v. Finch, 205 Ariz. 170 , 68 P.3d 123 (2003) (defendant's admission that he had shot victim to prevent his reporting the robbery fully established pecuniary gain motive); State v. Miranda-Cabrera, 209 Ariz. 220, ¶ 30 , 99 P.3d 35, 42 (App.2004) (defendant's trial testimony constituted "facts `admitted by the defe…
discussed Cited as authority (rule) State v. Chiappetta
Ariz. Ct. App. · 2005 · confidence medium
Stated differently, Blakely does not require any further jury determination when the maximum possible sentence is established in another way that comports with the constitutional protections underlying Apprendi and Blakely . [6] See Martinez (when one aggravating factor properly establishes an extended sentencing range in compliance with Blakely , other factors in aggravation or mitigation may then be considered); Conn (same); see also Stearns, 387 F.3d 104, 107 (1st Cir.2004) (" Blakely ... does not encompass sentencing enhancements based upon `the fact of prior conviction.'"); People v. Harl…
Retrieving the full opinion text from the archive…
Alan WICKLIFF, Appellant-Defendant,
v.
STATE of Indiana, Appellee-Plaintiff
41A01-0401-CR-27.
Indiana Court of Appeals.
Nov 3, 2004.
816 N.E.2d 1165
Peter D. Nugent, Indianapolis, IN, Attorney for Appellant., Steve Carter, Attorney General of Indiana, George P. Sherman, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
Robb, Sharpnack, Darden.
Cited by 14 opinions  |  Published

OPINION ON REHEARING

ROBB, Judge.

Alan Wickliff petitions for rehearing on Wickliff v. State, No. 41A01-0401-CR-27, 813 N.E.2d 446 (Ind.Ct.App., July 28, 2004). In that memorandum decision, we held that Wickliff's enhanced and consecutive sentences totaling twenty-three years were not inappropriate in light of the nature of his offense and his character. Wickliff entered a plea of guilty to operating a vehicle while intoxicated resulting in death with a prior offense within five years, a Class B felony, and possession of marijuana in excess of thirty grams and possession of marijuana with a prior conviction, both Class D felonies. On rehearing, pursuant to the recent United States Supreme Court case Blakely v. Washington, -- U.S. --, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), Wickliff contends that his sentence violates the Sixth and Fourteenth Amendments because he "was provided no notice of the aggravating cireum-stances and none were submitted to a jury or proved beyond a reasonable doubt." Petition for Rehearing at 6.

As another panel of our court recently stated:

The Blakely court applied the rule set forth in Apprendi v. New Jersey-"Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt"-and found the sentencing scheme at issue did not pass constitutional muster. Blakely, 124 S.Ct. at 2543; Apprendi, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). "The relevant statutory maximum for[*1167] Apprendi purposes is the maximum a judge may impose based solely on the facts reflected in the jury verdict or admitted by the defendant." Blakely, 124 S.Ct. at 2537.

Carson v. State, 813 N.E.2d 1187, 1189 (Ind.Ct.App.2004) (opinion on reh'g).

Here, the trial court enhanced Wickliff's sentence based upon the following aggravating circumstances: previous violations of probation; a significant criminal history; a need for correctional rehabilitative and substance abuse treatment best provided by incarceration in a penal institution; and a sentence less than an enhanced sentence would depreciate the seriousness of the crime based upon testimony regarding the extent of Wickliff®'s alcohol, preseription drug, and marijuana abuse.

As to Wickliffs criminal history as an aggravating circumstance, the trial court noted five prior convictions. Wickiliff's criminal history dates back to at least 1991, and he has been convicted of, inter alia, leaving the seene of an accident and dealing in marijuana, both of which are relevant to the convictions at issue here. [1] "[The multiple convictions that the extensive criminal history comprises have already been proven beyond a reasonable doubt and are thus exempt from the Ap-prendi rule as clarified by Blakely." Carson, 813 N.E.2d at 1189.

As to the aggravating factor that a sentence less than an enhanced sentence would depreciate the seriousness of the crime, the trial court specifically noted it was based upon Wickliff's own testimony at his sentencing hearing regarding the nature and level of his addiction to and abuse of alcohol, prescription drugs, and marijuana. Because these facts were admitted by Wickliff, they, too, are exempt from the Apprendi/Blakely rule. Whether or not Indiana's sentencing scheme runs afoul of the Sixth Amendment, [2] Wickliff's sentence would not be affected because even a single valid aggravating circumstance is sufficient to justify enhancement of a sentence. Powell v. State, 769 N.E.2d 1128, 1135 (Ind.2002). Here, there were two valid aggravating circumstances identified by the court justifying enhancement of Wickliff's sentence.

Petition for rehearing granted; Wick-liff's sentence is affirmed.

SHARPNACK, J., and DARDEN, J., concur.
1

. Wickliff previously has also been convicted of possession of marijuana and operating a motor vehicle with a blood alcohol content over .10%, but those two convictions were used to elevate the class of the crimes of which he was convicted herein.

2

. The State urges us to hold that Indiana's sentencing scheme is not subject to Blakely; however, because Wickliff's sentence can be upheld without deciding that issue, we do not address it herein.