M. May

Convicting defendant 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.

Defendant’s conviction for strangulation committed while engaging in a rape for which he was also convicted should have been vacated under the actual evidence test on double jeopardy grounds instead of the continuous crime doctrine.

Under the new-crime exception to the rule excluding evidence obtained from an illegal warrantless search, if a defendant’s response is itself a new and distinct crime, then evidence of the new crime is admissible notwithstanding the prior illegal search.

The term “conviction” includes a verdict of not responsible by reason of insanity (“NRRI”) for purposes of I.C. 35-38-9-1, and an individual so adjudicated may not have that finding expunged.

Because some or all of the evidence could be used to prove defendant committed both felony intimidation and attempted murder, the conviction of intimidation is vacated as it violates his right against double jeopardy under the actual evidence test.