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ATTORNEYS FOR APPELLANT Susan Carpenter Public Defender of Indiana Mary Joan Hamilton Deputy Public Defender Bloomington, IN

ATTORNEYS FOR APPELLEE Steve Carter Attorney General of Indiana Cynthia L. Ploughe Deputy Attorney General Indianapolis, IN

In the

Indiana Supreme Court
_________________________________ No. 53S01-0506-CR-278 ROSE M. SOWDERS, Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). _________________________________ Appeal from the Monroe Circuit Court, No. 53C04-0208-MR-00787 The Honorable Elizabeth N. Mann, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 53A01-0310-CR-00404 _________________________________ June 16, 2005 SHEPARD, Chief Justice.

Appellant Rose M. Sowders received three consecutive enhanced sentences for murder. While the aggravating circumstances warranted ordering consecutive sentences, using them to enhance the individual counts violates Blakely v. Washington. We remand for possible further consideration.

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Facts and Procedural History

Rose M. Sowders pled guilty but mentally ill to three counts of murder. The trial court found a total of four aggravating circumstances, including: 1) a substantial level of planning and aforethought; 2) failure to accept responsibility; 3) a lack of remorse; and 4) certain circumstances of the crimes (shots fired at close range, defenseless victims, the young age of one of the victims, a demonstrated level of callousness, and a fair amount of time for reflection between murders). The court found two mitigating circumstances -- no criminal history and mental illness. It sentenced Sowders to sixty-two years for count I, fifty-seven years for count II, and fifty-seven years for count III, all to run consecutively. The fixed term presumptive sentence for murder is fifty-five years. Ind. Code Ann.

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Indiana Law