FOR PUBLICATION

ATTORNEY FOR APPELLANT:    ATTORNEYS FOR APPELLEE:

KIMBERLY A. JACKSON    STEVE CARTER
Indianapolis, Indiana    Attorney General of Indiana

             RYAN D. JOHANNINGSMEIER
            Deputy Attorney General
Indianapolis, Indiana


IN THE COURT OF APPEALS OF INDIANA 
JOSHUA L. COWENS,       )

                             )
Appellant-Defendant,         )
                             )
vs.                          )    No. 01A02-0312-CR-1048 
                             )
STATE OF INDIANA,            )
                             )
Appellee.                    )


APPEAL FROM THE ADAMS CIRCUIT COURT
The Honorable Frederick A. Schurger, Judge
Cause No. 01C01-0210-FD-035



October 6, 2004

OPINION ON PETITION FOR REHEARING
FOR PUBLICATION


SULLIVAN, Judge
Joshua Cowens has filed a petition for rehearing alleging that the imposition of consecutive sentences in this case was in violation of the holding in Blakely v. Washington, 124 S.Ct. 2531 (2004). Concluding that Blakely is not implicated in the situation where a trial court orders consecutive sentences based upon its discretion as granted by Indiana Code § 35-50-1-2(c) (Burns Code Ed. Supp. 2003), we decline to extend the holding of Blakely to consecutive sentences.
Judgment affirmed.
MAY, J., and VAIDIK, J., concur.