Martin L. Johnson v. State of Indiana (mem. dec.)
79A04-1704-CR-862
| Ind. Ct. App. | Nov 14, 2017Background
- In June 2016 Johnson banged on an apartment door with a handgun, dented a door, then forced entry into a different apartment where a woman and her baby were present; he discarded the gun and was arrested.
- Charges: level 6 felony residential entry, class A misdemeanor carrying a handgun without a license, class B misdemeanor criminal mischief, level 5 felony carrying a handgun with a prior felony, and level 4 felony unlawful possession of a firearm by a serious violent felon (SVF).
- Jury convicted Johnson of the residential entry (level 6), misdemeanor handgun possession, and criminal mischief; the court found him guilty on the level 5 and level 4 firearm counts in a bifurcated trial.
- At sentencing the court merged the class A misdemeanor into the level 5 felony, but entered judgments on both the level 5 and level 4 firearm counts and imposed an aggregate eight-year sentence (with six years executed, two in community corrections, two years suspended to probation).
- On appeal the State conceded a double jeopardy violation for entering judgment on both firearm counts; Johnson also sought sentence revision under Indiana Appellate Rule 7(B).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether entering judgment on both level 4 (SVF) and level 5 (prior felony) firearm counts violated double jeopardy | State conceded that entering judgments for both counts arising from the same act violated double jeopardy | Johnson argued conviction of both was improper; sought relief | Court: Double jeopardy violated; remanded to vacate the lesser (level 5) conviction and amend sentencing order |
| Whether Johnson's eight-year aggregate sentence is inappropriate under App. R. 7(B) | Johnson argued sentence above advisory not warranted; requested reduction | State argued sentence appropriate given facts and record | Court: Johnson failed to show sentence inappropriate; affirmed aggregate sentence |
Key Cases Cited
- Guyton v. State, 771 N.E.2d 1141 (Ind. 2002) (double jeopardy bars conviction/punishment for the same act)
- Richardson v. State, 717 N.E.2d 32 (Ind. 1999) (discussing overlap and double jeopardy principles)
- West v. State, 22 N.E.3d 872 (Ind. Ct. App. 2014) (remedy for double jeopardy is vacatur of the lesser offense)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (defendant bears burden to show sentence inappropriate under Rule 7(B))