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FOR PUBLICATION
ATTORNEY FOR APPELLANT: KENNETH R. MARTIN Goshen, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

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

No. 20A04-0410-CR-560

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable George W. Biddlecome, Judge Cause No. 20D03-0212-FB-224

December 29, 2005

OPINION ON REMAND - FOR PUBLICATION

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, No. 20A04-0410-CR-560 (Ind. Ct. App. July 21, 2005). In part, we held that Kincaid had forfeited his claim under Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), reh'g denied, because, although Blakley 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 Indiana Supreme Court accepted transfer and held that Kincaid had not forfeited his Blakely claim. 3 Kincaid v. State, 837 N.E.2d 1008, 1010 (Ind. 2005). The Court remanded and directed us to consider Kincaid's Blakely claim and reconsider his other sentencing claims in connection with the Blakely claim. Id. at 1009 n.2. Thus, on remand, we address the following issues: I. II. Whether Kincaid was sentenced in violation of Blakely; and Whether Kincaid's sentence is inappropriate in light of the nature of the offense and the character of the offender.

We affirm. The facts relevant to the sentencing issues follow. The jury found Kincaid guilty of aggravated battery as a class B felony and battery as a class B felony for injuring his

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Ind. Code

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