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SWAYNIE v. STATE

No. 79S02-0104-CR-194.

762 N.E.2d 112 (2002)

John Jessie SWAYNIE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

February 8, 2002.

Attorney(s) appearing for the Case

Harry J. Falk, Bower & Falk, Kentland, for Appellant.

Steve Carter, Attorney General of Indiana, Christopher L. Lafuse, Deputy Attorney General, Indianapolis, for Appellee.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

Defendant John Jesse Swaynie was convicted of attempted murder and burglary after kicking in the front door of a family's home and attempting to choke the husband to death. We hold that the Double Jeopardy Clause of the Indiana Constitution does not bar convicting and sentencing defendant for both attempted murder and burglary because they constitute separate criminal transgressions.

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