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NICOSON v. STATE

No. 32A04-0905-CR-241.

919 N.E.2d 1203 (2010)

Joshua G. NICOSON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

January 20, 2010.

Attorney(s) appearing for the Case

Cynthia P. Helfrich, Elkhart, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Scott L. Barnhart, Deputy Attorney General of Indiana, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Chief Judge.

Today we decide an issue of first impression regarding the application of double jeopardy principles when a defendant's sentence is enhanced based on his use of a deadly weapon. Appellant-defendant Joshua G. Nicoson appeals the five-year sentence enhancement that the trial court imposed for the use of a firearm following his conviction for Criminal Confinement with a Deadly Weapon,1 a class B felony...

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