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Wednesday, September 03, 2014

Ind. Decisions - Supreme Court decides one today

In Christopher Cross v. State of Indiana, a 7-page, 5-0 opinion, Justice Rucker writes:

Appellant challenges his convictions and aggregate 38-year sentence following resentencing for various crimes arising from a foiled drug sale. In this appeal, we address whether the appellant’s firearm enhancement is based on the same behavior used to convict and sentence the appellant for carrying a handgun without a permit. We conclude that it is and therefore vacate his conviction and five-year firearm enhancement. * * *

We vacate Cross’ conviction and five-year sentence imposed under the handgun enhancement charge. This cause is remanded to the trial court for further proceedings.

Posted by Marcia Oddi on September 3, 2014 11:04 AM
Posted to Ind. Sup.Ct. Decisions