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Tuesday, January 11, 2011

Ind. Decisions - Court of Appeals issues 2 today (and 6 NFP)

For publication opinions today (2):

In Connie Ellis, et al. v. City of Martinsville, et al. , a 23-page opinion, Judge Brown writes:

In John G. Cooper v. State of Indiana , a 15-page opinion, Judge Baker writes:
Today we decide an issue of first impression regarding the application of double jeopardy principles when a defendant's sentence is enhanced under the firearm enhancement statute following a conviction for reckless homicide. We conclude that double jeopardy principles are not implicated in this instance.

Appellant-defendant John G. Cooper appeals the five-year sentence that was imposed under the Firearm Enhancement Statute,1 following the jury's determination that he knowingly or intentionally used a firearm in the commission of Reckless Homicide,2 a class C felony. Specifically, Cooper argues that the five-year enhancement cannot stand because it is neither “reasonable nor logical to infer that Cooper used [a firearm] in a knowing or intentional manner to recklessly kill” the victim. Thus, Cooper claims that the evidence was insufficient to support the enhancement. In the alternative, Cooper contends that double jeopardy principles bar the enhancement because “both the conviction and the enhancement were based on the single act of killing [the victim] with a firearm.”

Finally, Cooper contends that the thirteen-year aggregate sentence was inappropriate when considering the nature of the offense and his character. Concluding that Cooper was properly sentenced under the Firearm Enhancement Statute and finding that Cooper's sentence was appropriate, we affirm the judgment of the trial court.

NFP civil opinions today (1):

Gloria J. Domelle v. Charles and Maria Barman (NFP)

NFP criminal opinions today (5):

James Eugene Roberts v. State of Indiana (NFP)

Marvin M. Willis v. State of Indiana (NFP)

Joseph Fields v. State of Indiana (NFP)

Donald Woolsey v. State of Indiana (NFP)

Anthony M. Jessie v. State of Indiana (NFP)

Posted by Marcia Oddi on January 11, 2011 01:11 PM
Posted to Ind. App.Ct. Decisions