116 N.E.3d 1160
Ind. Ct. App.2018Background
- On December 6, 2016 police stopped Dwayne Springfield, smelled marijuana, and attempted to remove him from his vehicle; an ensuing struggle resulted in officers subduing and handcuffing him.
- A pat-down recovered a .38 revolver in Springfield’s right pocket and a sock containing multiple baggies later tested as ~8g crack cocaine, ~3g fentanyl, and ~1g marijuana.
- The State charged multiple counts including: possession of cocaine with a firearm (Level 4), possession of a narcotic with a firearm (Level 5), unlawful possession of a firearm by a serious violent felon (SVF) (Level 4/5), battery on officers, resisting, and possession of marijuana; a habitual-offender allegation was also filed.
- Trial was trifurcated: jury convicted Springfield of the drug-with-firearm counts and other offenses in phase one; the SVF firearm count was tried/decided in a second phase using evidence from phase one; the court adjudicated him a habitual offender in a bench phase.
- Sentence: concurrent terms producing an aggregate 30 years; on appeal Springfield argued the drug-with-firearm convictions and the SVF firearm conviction violate Indiana double jeopardy because they relied on possession of the same single gun.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Springfield) | Held |
|---|---|---|---|
| Whether convictions for drug possession enhanced by firearm possession and unlawful possession of a firearm by an SVF violate Indiana double jeopardy | The State relied on evidence of the firearm to prove both the enhancements to the drug offenses and the separate SVF firearm offense; convictions are proper | The firearm-possession evidence was used both to enhance drug counts and to convict him of the SVF offense, producing multiple punishments for the same conduct in violation of Article 1, § 14 | Court held double jeopardy violated as the same conduct (possession of the firearm) served as both the enhancement and the separate SVF offense; vacated the SVF conviction and sentence |
Key Cases Cited
- Richardson v. State, 717 N.E.2d 32 (Ind. 1999) (articulates test for when two offenses are the same for double jeopardy and permits remedy by reducing or vacating convictions)
- Guyton v. State, 771 N.E.2d 1141 (Ind. 2002) (enumerates categories of Indiana double jeopardy violations)
- Rexroat v. State, 966 N.E.2d 165 (Ind. Ct. App. 2012) (double jeopardy review is de novo)
- Zieman v. State, 990 N.E.2d 53 (Ind. Ct. App. 2013) (discusses remedies for double jeopardy violations and consideration of penal consequences)