Background

• Chavez was charged with five counts of child molesting (Class C felonies) based on events January 6, 2012 at his home involving K.W.
• K.W. and Chavez had multiple interactions; first encounter included kissing, tongue, touching under clothing, buttocks contact; later encounter involved kissing, tongue, and touching of vagina over clothes.
• The five counts were identically worded; Chavez was tried and convicted on all five counts; aggregate sentence was four years.
• On appeal, Chavez argued the four-year spread violated the continuing crime doctrine and that the charging information with five identical counts failed due process.
• The court held five counts violated the continuing crime doctrine, vacated Counts II, III, and V, and affirmed Counts I and IV; it also found no fundamental error in the information or waiver of such issue.
• The disposition remanded with instructions to vacate Counts II, III, and V.

Issues

Key Cases Cited

• Riehle v. State, 823 N.E.2d 287 (Ind. Ct. App. 2005) (defines continuing crime doctrine as single transaction safeguard)
• Walker v. State, 932 N.E.2d 733 (Ind. Ct. App. 2010) (double jeopardy context for continuing crime analysis)
• Collins v. State, 717 N.E.2d 108 (Ind. 1999) (discusses multiple convictions for separately chargeable offenses)
• Brown v. State, 459 N.E.2d 376 (Ind. 1984) (multiple convictions across time; continuing offense considerations)
• Firestone v. State, 838 N.E.2d 468 (Ind. Ct. App. 2005) (two acts at different times; not the same offense despite closeness)
• Duvall v. State, 978 N.E.2d 417 (Ind. Ct. App. 2012) (reverses convictions where conduct was continuous to a single offense)
• Leggs v. State, 966 N.E.2d 204 (Ind. Ct. App. 2012) (procedure to challenge charging information; waiver considerations)