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RODRIGUEZ v. STATE

No. 45A03-0211-CR-393.

795 N.E.2d 1054 (2003)

Anthony Edward RODRIGUEZ, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied October 22, 2003.

Attorney(s) appearing for the Case

Marce Gonzalez, Jr., Merrillville, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Andrew A. Kobe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Judge.

Appellant-defendant Anthony Edward Rodriguez appeals his convictions for Rape,1 a class A felony and Criminal Confinement,2 a class B felony. Specifically, Rodriguez maintains that the enhancement of both offenses by the same element—use of a deadly weapon—violates double jeopardy prohibitions under the Indiana...

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