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ATTORNEY FOR APPELLANT Bruce W. Graham Lafayette, Indiana

ATTORNEYS FOR APPELLEE Steve Carter Attorney General of Indiana Matthew D. Fisher Deputy Attorney General Indianapolis, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 79S05-0611-CR-451 ANGELA DUNCAN, Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). _________________________________ Appeal from the Tippecanoe Circuit Court, No. 79C01-0407-MR-01 The Honorable Donald L. Daniel, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 79A05-0505-CR-258 _________________________________ November 21, 2006

Boehm, J. We hold that the Court of Appeals erred in finding a defendant's Blakely claim to be waived when it was included in her initial brief, which was filed after this Court's Smylie decision. We also hold that the Defendant's relatively minor prior convictions do not justify enhancing the sentence.

Factual and Procedural Background

In the spring of 2004, Christopher Lindsey, his fianc

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Indiana Law