LEE v. STATE

No. 27S04-0805-PC-226.

892 N.E.2d 1231 (2008)

Roderick LEE, Appellant (Petitioner below), v. STATE of Indiana, Appellee (Respondent below).

Supreme Court of Indiana.

September 3, 2008.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Anne-Marie Alward, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Nicole M. Schuster, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


On Petition to Transfer from the Indiana Court of Appeals, No. 27A04-0705-PC-257.

BOEHM, Justice.

Multiple convictions do not violate Indiana's Double Jeopardy Clause if they logically could have been based on the same facts, but in light of the evidence, the instructions, the charges, and the argument of counsel, there is no reasonable possibility that the jury actually used exactly the same set of facts to establish both convictions.

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