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ATTORNEY FOR APPELLANT Ellen M. O'Connor Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE Steve Carter Attorney General of Indiana Ellen H. Meilander Deputy Attorney General Indianapolis, Indiana

In the

Indiana Supreme Court
_________________________________ No. 49S02-0505-CR-207 KENNA D. RYLE, Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). _________________________________ Appeal from the Marion Superior Court, No. 49G03-0303-MR-035666 The Honorable Sheila Carlisle, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0405-CR-423 _________________________________ December 13, 2005 Shepard, Chief Justice.

When the trial court ordered an enhanced sentence for appellant Kenna D. Ryle's manslaughter conviction, it cited his four juvenile adjudications and the fact that he was on probation when he committed the crime. Our analysis of Apprendi v. New Jersey leads us to conclude that these factors are proper sentencing considerations for a trial judge and need not be submitted to a jury.

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Facts and Procedural History

Kenna Ryle shot and killed Maurice Sanders at an apartment complex in Indianapolis on February 25, 2003. The State charged Ryle with murder, unlawful possession of a firearm by a serious violent felon, and carrying a handgun without a license. The State dismissed the two firearm offenses, and the jury found Ryle guilty of the lesser-included offense of voluntary manslaughter, a class A felony. IND. CODE ANN.

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Indiana Law