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FOR PUBLICATION
ATTORNEY FOR APPELLANT: MATTHEW JON McGOVERN Evansville, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MISTY MARIE HOWELL, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 82A01-0606-CR-241

APPEAL FROM THE VANDERBURGH SUPERIOR COURT The Honorable Robert J. Pigman, Judge Cause No. 82D02-0504-FA-281

December 27, 2006

OPINION - FOR PUBLICATION

SHARPNACK, Judge

Misty Marie Howell appeals her sentence for reckless homicide as a class C felony. 1 Howell raises two issues, which we restate as: I. Whether Howell's sentence violates Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004); Whether the trial court abused its discretion in sentencing Howell; and Whether Howell's sentence is inappropriate in light of the nature of the offense and the character of the offender.

II.

III.

We reverse and remand. The relevant facts follow. On February 20, 2004, K.H. died, and Howell was indicted for neglect of a dependent as a class A felony and reckless homicide as a class C felony. 2 Howell pleaded guilty to reckless homicide as a class C felony, and the State dismissed the remaining charge. Howell admitted that "on or about February 20, 2004, [she] did recklessly kill [K.H.] . . . ." Appellant's Appendix at 13; Transcript at 5-6.

1

Ind. Code

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