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"FOR PUBLICATION
ATTORNEY FOR APPELLANT
: ATTORNEYS FOR APPELLEE:
T. ANDREW PERKINS STEVE CARTER
Peterson & Waggoner, LLP Attorney General of Indiana
Rochester, Indiana
KELLY A. MIKLOS
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
KRISTOPHER ABNEY, )
)
Appellant-Defendant, )
)
vs. ) No. 25A05-0407-CR-394
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )
APPEAL FROM THE FULTON SUPERIOR COURT
The Honorable Wayne E. Steele, Judge
Cause No. 25D01-0307-FC-103
February 15, 2005
OPINION - FOR PUBLICATION
RILEY, Judge
STATEMENT OF THE CASE
Appellant-Defendant, Kristopher Abney (Abney), appeals his conviction for Count I, possessing material capable
of causing bodily injury by inmate, a Class C felony, Ind. Code §
35-44-3-9.5.
We affirm.
ISSUE
Abney raises four issues on appeal, which we consolidate and restate as the
following two issues:
Whether the State presented sufficient evidence to sustain Abney’s conviction for possessing material
capable of causing bodily injury by inmate; and
Whether the trial court properly sentenced Abney in light of Blakely v. Washington .
FACTS AND PROCEDURAL HISTORY
At approximately 2:30 a.m. on June 22, 2003, Jail Commander Jeff Berlasty (Commander
Berlas"
....
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