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ATTORNEY FOR APPELLANT Ann M. Sutton Indianapolis, Indiana

ATTORNEYS FOR APPELLEE Steve Carter Attorney General of Indiana

Michael Gene Worden Deputy Attorney General Indianapolis, Indiana ______________________________________________________________________________

In the Indiana Supreme Court
_________________________________ No. 49S04-0806-PC-371

FILED
Jun 30 2008, 2:29 pm
of the supreme court, court of appeals and tax court

CLERK

PHILLIP MILES, Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). _________________________________ Appeal from the Marion Superior Court, Criminal Division 2, No. 49G02-0111-FC-223525, The Honorable Robert Altice, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 49A04-0504-PC-219 _________________________________ June 30, 2008 Per Curiam.

Phillip Miles argued with Steven Buddy Reed over a debt for crack cocaine, and Miles shot Reed in the face. Flora Murff attempted to help Reed, and Miles shot Murff in the head. Both Reed and Murff died. Miles pleaded guilty, without a plea agreement, to two counts of Murder, Indiana Code section 35-42-1-1, one count of Carrying a Handgun Without a License, Indiana Code section 35-47-2-1 (a Class A misdemeanor), and one count of Dangerous Possession of a Handgun, Indiana Code section 35-47-10-5 (also a Class A Misdemeanor). The trial court sentenced Miles to consecutive forty-five year terms for each murder with twenty-five years suspended, and, after merging the misdemeanor offenses, to a single concurrent one-year term for the handgun offense. Thus, the total executed sentence was sixty-five years. Miles appealed the sentence, arguing the trial court should have found more mitigating circumstances and asking that the executed sentence be reduced pursuant to an appellate court's power to review and revise sentences. See Ind. Const. art. VII,

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Indiana Law