May, J.
Matthew Edmonds appeals his convictions of one count of Level 3 felony resisting law enforcement resulting in the death of another person and two counts of Level 5 felony resisting law enforcement resulting in serious bodily injury to another person. [Footnotes omitted.] He asserts the State did not present sufficient evidence he was still resisting law enforcement when he caused death and serious bodily injury. [Footnote omitted.] We affirm in part, reverse in part, and remand.
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Although Edmonds killed one person and seriously injured two others, all three counts of resisting law enforcement were charged based on one incident of resisting law enforcement. Likewise, all four counts of leaving the scene of an accident are based on one incident of doing so. As charged, Edmonds may only be punished for one act of resisting law enforcement and one act of leaving the scene of an accident. Conviction on all three counts of resisting law enforcement and all four counts of leaving the scene of an accident constitute a violation of Edmonds’ protection from double jeopardy and the additional convictions must be vacated. Therefore, we vacate Edmond’s two convictions of Level 5 felony resisting law enforcement and three lesser convictions of failing to remain at the scene of an accident. See Owens v. State, 742 N.E.2d 538, 545 (Ind. Ct. App. 2001) (when double jeopardy implications exist, reviewing court is to decide the charges to vacate, keeping in mind “the penal consequences that the trial court found appropriate”), trans. denied. We remand for the trial court to resentence Edmonds for the remaining crimes. See Guffey v. State, 42 N.E.3d 152, 163 (Ind. Ct. App. 2015) (Trial court has “flexibility upon remand, including the ability to increase sentences for individual convictions without giving rise to a presumption of vindictive sentencing, so long as the aggregate sentence is no longer than originally imposed.”), trans. denied.
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Conclusion
As resisting law enforcement is a conduct-based crime rather than a result-based crime, Edmonds may only be convicted of only one count of resisting law enforcement. This holding also applies to the leaving the scene of an accident charges. As the State provided sufficient evidence to support Edmonds’ conviction of resisting law enforcement resulting in the death of another person, we affirm that conviction. Therefore, we affirm Edmond’s conviction of Level 3 felony resisting law enforcement causing the death of a person and his conviction of Level 5 felony leaving the scene of an accident, vacate the two lesser charges of resisting law enforcement and the three lesser charges of leaving the scene of an accident, and remand to the trial court for resentencing.
Affirmed in part, reversed in part, and remanded.
Barnes, J., and Bradford, J., concur.