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ATTORNEY FOR APPELLANT Jan B. Berg Indianapolis, Indiana

ATTORNEYS FOR APPELLEE Steve Carter Attorney General of Indiana Stephen Tesmer Deputy Attorney General Indianapolis, Indiana

In the

Indiana Supreme Court
_________________________________ No. 49S02-0506-CR-290 LESLIE MASK, Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). _________________________________ Appeal from the Marion Superior Court, Nos. 49G04-0301-FD-011936: 49G04-0301-FC-013162 The Honorable Patricia Gifford, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0312-CR-1059 _________________________________ June 23, 2005 Shepard, Chief Justice.

Appellant Leslie Mask appeals convictions that stem from two separate incidents of battery in 2002. Besides contending that his sentences were improperly enhanced under Blakely v. Washington, Mask poses a statutory question of first impression. When a court orders both executed time and suspended time for actions occurring in a single episode of criminal conduct, do the sentencing restraint provisions of Indiana Code

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Indiana Law