May, J.
McConney J. George appeals his 10-year-and-180-day sentence for Level 4 felony unlawful possession of a firearm by a serious violent felon, Class A misdemeanor carrying a handgun without a license, and Class B misdemeanor possession of marijuana.
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George argues his convictions of carrying a handgun without a license and possession of a firearm by a serious violent felon violate the constitutional prohibition against double jeopardy because George’s possession of the same handgun at the same time is used to support both offenses. The State agrees the entry of both convictions violates Indiana’s double jeopardy principles.
The United States Supreme Court established the Blockburger test, also known as the “same elements test,” for determining whether a single act that violates more than one law constitutes multiple offenses for purposes of the Fifth Amendment Double Jeopardy Clause. Blockburger v. United States, 284 U.S. 299, 52 S. Ct. 180 (1932). Our Indiana Supreme Court expanded upon the Blockburger test to include both the statutory elements of the conviction and the actual evidence used to convict. Richardson v. State, 717 N.E.2d 32, 49 (Ind. 1999).
The facts herein are similar to those in Jarrell v. State, 818 N.E.2d 88 (Ind. Ct. App. 2004), trans. denied. Jarrell was arrested when he was found to be in possession of a loaded firearm during a routine traffic stop. He was subsequently convicted of both possession of a firearm by a serious violent felon and carrying a handgun without a license. Id. at 91. He appealed those convictions on double jeopardy grounds. We concluded that, because both offenses stemmed from carrying the same gun, the convictions violated the double jeopardy clause. Id. at 93.
Similarly, here, for the carrying of a single handgun, George was convicted of carrying a handgun without a license and possession of a firearm by a serious violent felon, and one of his convictions must be reversed. Accordingly, we vacate George’s conviction of Class A misdemeanor carrying a handgun without a license. See, e.g., Alexander v. State, 768 N.E.2d 971, 978 (Ind. Ct. App. 2002) (vacating lower class crime to eliminate double jeopardy violation) aff’d on reh’g, trans. denied.
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Convicting George of both Level 4 felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor carrying a handgun without a license violates Indiana’s double jeopardy prohibition. Therefore, we must vacate George’s conviction of misdemeanor carrying a handgun without a license. The trial court did not abuse its discretion by interpreting George’s lack of cooperation in preparation of the PSI as an aggravating factor at sentencing. Further, George’s sentence is not inappropriate in light of the nature of his offenses and his character. Accordingly, we affirm in part, vacate in part, and remand.
Affirmed in part; vacated in part; and remanded.
Najam, J. and Bailey, J., concur.