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Tuesday, May 19, 2015
Ind. Decisions - Supreme Court issues a second opinion today
In Cornelius Hines v. State of Indiana, a 5-0, 14-page opinion, Justice Dickson writes:
Following a jury trial, the defendant Cornelius Hines was convicted of Criminal Confine-ment and Battery. He has appealed claiming violations of both Indiana's constitutional and com-mon law proscriptions against double jeopardy and seeking review of sentence inappropriate-ness. We find that the defendant's two convictions do not violate the common law but do run afoul of the Double Jeopardy Clause of the Indiana Constitution. * * *
The continuous crime doctrine does not apply to the facts of this case, but the circum-stances of the trial establish a violation of the Indiana Constitution's Double Jeopardy Clause un-der the actual evidence test. We vacate the defendant's conviction for Battery as a Class D fel-ony and its concurrent three year sentence but affirm his conviction and eight year sentence for Criminal Confinement as a Class C felony. We decline to grant relief under Appellate Rule 7(B) for sentence inappropriateness. This cause is remanded to the trial court for further proceedings consistent with this opinion.
Rush, C.J., and Rucker and David, JJ., concur.
Massa, J., concurs in result.
Posted by Marcia Oddi on May 19, 2015 05:50 PM
Posted to Ind. Sup.Ct. Decisions