Christopher Cross v. State of Indiana, 15 N.E.3d 569

Appellant Christopher Cross was convicted of multiple offenses arising from a drug transaction and subsequently resentenced after post-conviction relief.
The State sought a firearm enhancement under I.C. 35-50-2-13 for use or possession of a firearm during the controlled substance offense.
At resentencing Cross received a five-year firearm enhancement and related firearm convictions; the court did not separately impose enhancements on a prior habitual offender count.
Cross challenged whether the handgun enhancement was based on the same handgun behavior as the carrying handgun without a permit.
The Indiana Supreme Court vacated the five-year firearm enhancement, holding the enhancement was based on the same conduct as the handgun possession conviction and thus improper.
The case was remanded for further proceedings consistent with this decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the firearm enhancement duplicatively punishes the same conduct.	Cross argues the enhancement and handgun conviction punish the same behavior.	State contends the enhancement and conviction address different harms.	Yes; enhancement based on same conduct vacated.

Richardson v. State, 717 N.E.2d 32 (Ind. 1999) (test for same offense under Indiana Double Jeopardy)
Guyton v. State, 771 N.E.2d 1143 (Ind. 2002) (prohibition on duplicative enhancements for same behavior)
Miller v. State, 790 N.E.2d 437 (Ind. 2003) (use of weapon in separate offenses may be separate acts)
Nicoson v. State, 938 N.E.2d 660 (Ind. 2010) (mere possession/being armed not enough for multiple enhancements)