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PENROD v. STATE

No. 35S02-0403-CR-142.

810 N.E.2d 345 (2004)

Michael P. PENROD, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 17, 2004.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Gregory L. Lewis, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Zachary J. Stock, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 35A02-0304-CR-299

SHEPARD, Chief Justice.

Appellant Michael Penrod was convicted of rape, kidnapping, and two counts of confinement all arising out of an attack on E.H. We conclude that the episode constituted one continuous confinement and vacate the two confinements.

Seventeen-year-old E.H. was home alone one evening when Penrod appeared in her hallway with a gun. He ordered her downstairs...

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