NICOSON v. STATE

No. 32S04-1003-CR-150.

938 N.E.2d 660 (2010)

Joshua G. NICOSON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 15, 2010.


Attorney(s) appearing for the Case

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

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


On Petition to Transfer from the Indiana Court of Appeals, No. 32A04-0905-CR-241

SHEPARD, Chief Justice.

Appellant Joshua Nicoson committed confinement while armed with a deadly weapon, earning a class B felony conviction. The trial court added five years to the regular class B sentence, relying on a statute authorizing an additional term where the perpetrator "used" a firearm while committing the offense. We hold that adding these years is consistent both...

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