Firearm sentence enhancement and handgun without a permit conviction were based on the same behavior in violation of Indiana common law rule supplementing Indiana Double Jeopardy protection.
R. Rucker
Gomillia v. State, No. 49S02-1408-CR-521, __ N.E.3d __ (Ind., Aug. 12, 2014).
Affirms “this basic premise” – “[w]here a trial court’s reason for imposing a sentence greater than the advisory sentence includes material elements of the offense, absent something unique about the circumstances that would justify deviating from the advisory sentence, that reason is ‘improper as a matter of law.’”
Erkins v. State, No. 58S01-1309-CR-586, __ N.E.3d __ (Ind., July 22, 2014).
When charge was conspiracy to commit robbery resulting in serious bodily injury, the State was not required to prove there was actual serious bodily injury; amendment changing the allegation of the particular conspirator who committed the overt act required for conspiracy was of form only and was properly allowed in this case.
Brown v. State, No. 48S02-1406-CR-363, __ N.E.2d __ (Ind., June 2. 2014).
Supreme Court revises young offender’s 150 year sentence to 80 years.
Fuller v. State, No. 48S02-1406-CR-364, __N.E.3d__ (Ind., June 2, 2014).
Supreme Court revises young offender’s 150 year sentence to 85 years.