David, J.
In Paquette v. State, a decision handed down today, we found that only one Level 3 felony conviction is authorized under Indiana Code section 35-44.1-3-1 when a defendant engages in a single act of resisting law enforcement while operating a vehicle that causes multiple deaths. Here, we decide a similar question: whether multiple felony convictions are authorized by Indiana Code section 35-44.1-3-1 where a single act of resisting law enforcement while operating a vehicle causes the death of one person and serious bodily injuries to two other people. We reach the same conclusion as we did in Paquette. As written, the statute permits only one conviction—in this case, the highest chargeable offense—for each instance of resisting law enforcement, regardless of how many people are harmed.
On the morning of June 8, 2015, Matthew Edmonds entered a Walmart in Beech Grove, Indiana. Edmonds was observed stuffing a variety of food and clothing items into old plastic bags. He then walked past the point of sale without paying for those items. The store’s asset protection manager, Timothy Dunlop, called 911 and told dispatchers about the theft. He also informed them that Edmonds had gotten into a tan Chevy Tahoe after leaving the store. Dunlop shared the vehicle’s license plate number with dispatchers.
Beech Grove Police Officer Josh Hartman was the first to arrive on the scene. Officer Darrin McGuire also responded, but he waited outside the parking lot. When Officer Hartman entered the lot, he spotted a vehicle matching the description and pulled up behind it. Edmonds quickly sped off and exited the parking lot.
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As Edmonds ran the red light, his vehicle collided with the driver’s side of Niblock’s truck. The impact flipped Niblock’s truck in the air. Niblock died as a result of her injuries. Ladonna and Johnathan Rogers survived the crash, but they each suffered serious bodily injuries.
The State charged Edmonds with a total of twelve counts. Among those were one count for resisting law enforcement by fleeing in a vehicle causing death, a Level 3 felony; and two counts for resisting law enforcement by fleeing in a vehicle causing serious bodily injury, Level 5 felonies. Edmonds was also charged with four counts related to leaving the scene of an accident—one for failure to remain at the scene of an accident with death, a Level 5 felony; two for failure to remain at the scene of an accident with injury, Level 6 felonies; and one for failure to remain at the scene of an accident, Class B misdemeanors. Edmonds was found guilty as charged on all twelve counts.
Edmonds successfully motioned to receive a judgment on the evidence on three charges related to driving with a suspended license. The trial court dismissed those charges, finding that the State failed to present sufficient evidence to support the jury’s verdict. The trial court also merged the Level 3 felony resisting law enforcement causing the death of another person charge with the Level 5 felony reckless homicide charge. On the remaining eight charges, Edmonds received an aggregate sentence of twenty-five years.
Edmonds appealed, arguing that the State did not present sufficient evidence to support a finding that he was still resisting law enforcement when the crash occurred. Edmonds then filed a motion for leave to file an amended brief. He planned to argue that multiple felony resisting law enforcement convictions were not permitted under the relevant statute. The Court of Appeals denied Edmonds’ motion and decided that it would, sua sponte, address the concerns Edmonds planned to raise.
However, instead of addressing the statutory issue, the Court of Appeals dismissed a total of five convictions based on double jeopardy grounds not raised by either party. Two of the dismissed convictions were Level 5 felonies for resisting law enforcement. The other three were the lesser of the four convictions for failure to remain at the scene of an accident. The Court of Appeals also addressed the sufficiency of evidence issue Edmonds originally raised in his appeal. It found that the State presented sufficient evidence to support a finding that Edmonds was resisting law enforcement when the crash occurred and affirmed the remaining Level 3 felony resisting law enforcement conviction. The Court of Appeals then remanded to the trial court for resentencing on Edmonds’ remaining convictions.
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The facts presented in this case bear a remarkable similarity to those found in Paquette v. State. Both defendants used a vehicle to flee from law enforcement and the pursuit ended in a horrific crash involving innocent motorists. Both defendants also faced multiple felony resisting law enforcement charges stemming from a single act of resisting. But the issue presented here is a slightly different one. Whereas in Paquette we addressed whether multiple Level 3 felony convictions are permitted under Indiana Code section 35-44.1-3-1 where multiple people are killed, here the felony convictions varied in levels; one conviction was a Level 3 felony while two others were Level 5 felonies.
Thus, the precise question we address in this case is whether Indiana Code section 35-44.1-3-1 allows for a Level 3 felony and two Level 5 felony convictions stemming from a single act of resisting law enforcement where the act of resisting resulted in the death of one person and serious bodily injury to two others. Applying the Paquette holding, we find that here too the statute authorizes only one conviction—that is, the highest chargeable offense.
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In Paquette v. State, we found that Indiana Code section 35-44.1-3-1, which makes resisting law enforcement unlawful, was intended to authorize only one Level 3 felony conviction for each act of resisting, even where multiple deaths are caused by the use of a vehicle. …
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We find that the analysis in Paquette resolves the issue here. Whether multiple people are killed or, as in this case, some are killed and others are seriously injured, the offense continues to be a single harm to the peace and dignity of the State if it stems from a single instance of resisting law enforcement. Accordingly, Edmonds can be convicted of only one felony resisting law enforcement offense—whichever one is the most severe chargeable offense—where one act of resisting causes death and serious bodily injury.
… Accordingly, we reverse the trial court on two Level 5 felony resisting law enforcement convictions, affirm the trial court as to the remaining convictions, and remand for resentencing.
Rush, C.J., and Massa, Slaughter, and Goff, JJ., concur.