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In the event of a retrial, we note that the jury should be instructed that only non-vehicular reckless homicide qualifies as a serious violent felony, but the jury need not be instructed that Rhone knew or should have known he was a serious violent felon
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the trial court erroneously sentenced Eaton because it imposed the presumptive sentence after expressly finding that the mitigating factors outweighed the aggravating factors
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we held that the “but for” test is relevant because proximate cause requires, at a minimum, that the harm would not have occurred but for the defendant’s conduct.
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we do not read Blakely to require that a defendant be provided notice of every fact upon which the State may rely to seek an enhanced sentence
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The decision as to the nature of Young’s crime spree was not a separate factual finding but instead was a judicial characterization of what those admitted facts said about Young’s character and appropriate punishment
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