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Published by the Indiana Office of Court Services

Bunch v. State, No. 49A04-1002-CR-120, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2010)

November 22, 2010 Filed Under: Criminal Tagged With: Appeals, J. Kirsch

KIRSCH, J.
Bunch’s [criminal confinement] conviction in Count III was based upon his removing K.V., at gunpoint, from the hallway of her home, taking her to the den, and forcing her to lay face down. His [criminal confinement] conviction under Count XI was based upon his removing her from the den and taking her, at gun point, upstairs to her bedroom in order to obtain the money and lottery tickets. Finally, Bunch’s [criminal confinement] conviction under Count XII was based upon his ordering K.V. to leave the den and go to the front door in order to dissuade her niece from entering the home. There was no evidence, nor does the State point to any, suggesting that K.V. felt free and was, in fact, free from detention at any time within the span of her confinement during Bunch’s home invasion. Regardless of the number of rooms to which she was confined, this was but one continuous period of confinement, and Bunch’s convictions under Counts III, XI, and XII flowed from that offense. Bunch’s convictions and sentences in Counts III, XI, and XII violated the double jeopardy clause of the Indiana Constitution. Accordingly, his convictions and sentences in Counts XI and XII, which merged into his conviction and sentence in Count III, must be vacated.
RILEY, J., and BAILEY, J., concur.

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