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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEYS FOR APPELLANT: ELIZABETH A. FLYNN CARRI N. CRIDER Braje, Nelson & Janes, LLP Michigan City, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ELLEN H. MEILAENDER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JEORGE CELAYOS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 46A03-0511-CR-545

APPEAL FROM THE LAPORTE SUPERIOR COURT The Honorable Steven E. King, Judge Cause No. 46D02-0208-MR-30

December 20, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Jeorge Celayos ("Celayos") appeals his conviction for Murder, a felony, 1 and his sixty-year sentence. We affirm. Issues Celayos presents three issues for review: I. Whether the trial court abused its discretion by denying Celayos' request for funds to employ a psychiatrist or psychologist to conduct an independent evaluation subsequent to the appointment of two courtappointed psychologists and one court-appointed psychiatrist; Whether Celayos was denied the effective assistance of trial counsel; and Whether the sixty-year sentence was imposed upon Celayos in contravention of Blakely v. Washington, 542 U.S. 296 (2004), reh'g denied. Facts and Procedural History During 2001, Celayos was incarcerated in the Westville Correctional Facility. In late summer, Celayos was involved in a physical altercation with another inmate, Raul Benevides ("Benevides"). The incident ended with Celayos threatening to kill Benevides. On August 10, 2001, Benevides was transferred to Celayos' dormitory. Celayos was in the day room when Benevides approached the dormitory, carrying his property box. Celayos stated to another inmate, "I hope he's coming up here," and began to "holler at" Benevides in Spanish. (Tr. 465.) When correctional officer Pammy Gilmore opened the door to the day room and Benevides stepped inside, he and Celayos immediately began a fistfight. 2

II.

III.

Celayos pulled out a knife and stabbed Benevides repeatedly. When Benevides fell to the floor, Celayos kicked him and stomped on his face. Leaving Benevides bleeding on the floor, Celayos returned briefly to his dormitory room, and then went back to the day room and sat in front of the television. Medical personnel arrived to assist Benevides, but were unable to resuscitate him. Benevides died as a result of a stab wound to his heart. A knife with Benevides' blood on it was later recovered from Celayos' dormitory room. On August 1, 2002, the State charged Celayos with Murder and Possession of a Deadly Weapon by an Inmate. 2 At the conclusion of a jury trial conducted on October 17 through October 20, 2005, Celayos was found guilty as charged. Because of double jeopardy concerns, the trial court entered a judgment of conviction only upon the murder count. On November 7, 2005, the trial court sentenced Celayos to sixty years imprisonment. He now appeals. Discussion and Decision I. Denial of Motion for Funds for Additional Psychiatrist Celayos contends that the trial court abused its discretion by denying him funds to employ an independent psychiatrist or psychologist. Prior to trial, Celayos filed a notice of intention to interpose an insanity defense and also filed a "Motion for Psychiatric Examination to Determine Competence to Stand Trial." (Amended App. 398.) Pursuant to Indiana Code Section 35-36-2-1(b), the trial court then appointed two psychologists and one

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Ind. Code

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