Attorneys for Appellant Attorney for Appellee
Gregory Paul Kauffman Steve Carter
Indianapolis, Indiana Attorney General of Indiana
Monika Prekopa Talbot
Deputy Attorney General
Indiana Supreme Court
Appellant (Defendant below),
State of Indiana,
Appellee (Plaintiff below).
Appeal from the St. Joseph Superior Court, No. 71D08-0304-MR-13,
The Honorable Roland W. Chamblee, Jr., Judge
On Petition To Transfer from the Indiana Court of Appeals, No. 71A05-0404-CR-200
May 11, 2005
The Indiana Court of Appeals affirmed Terrease Nesbitts convictions for murder and two
counts of Class A felony attempted murder, but remanded his case to the
trial court for resentencing.
Terrease Nesbitt was convicted of murder, two counts of attempted murder, rape, and
criminal deviate conduct. The trial court imposed an aggregate sentence of 175
years (55 years for murder, 30 years for one of the attempted murder
counts, 50 years for the other attempted murder count, 20 years for rape,
and 20 years for criminal deviate conduct).
On appeal, Nesbitts Appellants Brief challenged his convictions for murder and attempted murder
(he did not challenge his other convictions), but made no challenge to his
See footnote On November 24, 2004, the Court of Appeals affirmed his convictions
in an unpublished memorandum decision and
sua sponte remanded to the trial court
for resentencing because, it held, Nesbitts sentence violated Blakely v. Washington, 124 S.
Ct. 2531 (2004). Nesbitt v. State of Indiana, No. 71A05-04004-CR-200, slip op.
(Ind. Ct. App. Nov. 24, 2004) (unpublished). The State filed a Petition
To Transfer, which we granted on March 31, 2005.
In Smylie v. State, 823 N.E.2d 679 (Ind. 2005), we set forth parameters
under which an appellant can raise a Blakely claim for the first time
on appeal even if the appellant did not preserve such a claim by
making an appropriate objection in the trial court. However, we held that
those defendants who did not appeal their sentence at all will have forfeited
any Blakely claim. Id. at 691. Nesbitt did not appeal his
sentence at all. Therefore, he is not entitled to relief under Smylie.
We summarily affirm, see App. R. 58(A)(2), that portion of the Court of
Appeals opinion affirming Nesbitts convictions for murder and attempted murder. The judgment
of the trial court is affirmed.
All justices concur.
Nesbitt did not file a Reply Brief.