988 N.E.2d 374
Ind. Ct. App.2013Background
- Police found two .38 caliber revolvers and nude photographs of under‑age girls in Wood's home following a search warrant.
- Wood was charged with one count of Class B felony possession of a firearm by a serious violent felon and ten counts of Class D felony possession of child pornography.
- The trial court ordered a bifurcated trial to separate the possession issue from SVF status.
- In the first phase, the jury convicted Wood of five counts of possession of child pornography and acquitted him of possessing a firearm.
- The State sought a second phase to prove Wood possessed firearms while being an SVF; Wood contemplated pleading guilty to the firearm charge.
- Wood ultimately pled guilty to the Class B felony possession of a firearm by a SVF; the court imposed five one-year terms for the child pornography counts and a six-year term for the handgun, for a total of 11 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy/collateral estoppel | Wood argues the second phase violated double jeopardy and collateral estoppel after acquittal. | Wood asserts the State should not relitigate the firearm issue after acquittal. | Reversed: second phase improper; conviction for SVF firearm vacated. |
| Consecutive-sentence cap for episode of criminal conduct | State concedes five D felonies should not exceed four years total if treated as a single episode. | Wood contends the five concurrent D felonies, as part of one episode, exceed the cap. | Reversed: remanded to impose a total not exceeding four years for the five D felonies. |
Key Cases Cited
- Coleman v. State, 946 N.E.2d 1160 (Ind. 2011) (collateral estoppel and double jeopardy implications in trial proceedings)
- Wilkes v. State, 917 N.E.2d 675 (Ind. 2009) (abolition of special verdicts; use of ultimate-facts findings)
- Menna v. N.Y., 423 U.S. 61 (U.S. 1975) (preclusion after indictment; necessity of vacating conviction following due process rules)
- Williams v. State, 834 N.E.2d 225 (Ind. Ct. App. 2005) (binote on bifurcated trials and sequencing of verdicts)
- Mapp v. State, 770 N.E.2d 332 (Ind. 2002) (direct appeal and plea considerations related to trial proceedings)