Nicoson v. State, 938 N.E.2d 660

Nicoson committed confinement while armed with a deadly weapon, elevating the offense to a class B felony.
Trial court sentenced ten years per confinement count, three years per pointing count, all concurrent.
The State added a five-year fixed term under Indiana's firearm-use statute (Ind.Code § 35-50-2-11) for using a firearm.
Nicoson fired a warning shot, pointed the gun at the victims, and fired at their vehicle.
The Court of Appeals affirmed; this Court granted transfer to address double enhancements.
The Supreme Court affirmed, holding the five-year enhancement permissible alongside the confinement enhancement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the five-year firearm-use enhancement violates double jeopardy	Nicoson argues dual punishments for same conduct.	State argues enhancement targets different legislative aims.	No double jeopardy violation; enhancements lawful.
Whether use of a firearm is distinct from mere armed status for penalties	Use and armed status are the same for sentencing.	Use of firearm is a separate element justifying extra term.	Use of firearm during offense supports five-year enhancement.

Richardson v. State, 717 N.E.2d 32 (Ind.1999) (double jeopardy analysis of same-offense elements)
Mills v. State, 868 N.E.2d 446 (Ind.2007) (rule against double enhancements absent legislative direction)
Downey v. State, 770 N.E.2d 794 (Ind.2002) (statutory interpretation governs multiple enhancements)
Pierce v. State, 761 N.E.2d 826 (Ind.2002) (distinguishes element concerns from enhancement concerns)
Mickens v. State, 742 N.E.2d 927 (Ind.2001) (distinguishes mere armed status from actual use of weapon)
Guyton v. State, 771 N.E.2d 1141 (Ind.2002) (avoidance of duplicative enhancements when based on same conduct)