Grafe v. State

OPINION

FRIEDLANDER, Judge.

David Grafe appeals from the partial denial of his petition for post-conviction relief from his convictions of Rape, 1 a class A felony, two counts of Criminal Deviate Conduct, 2 both class A felonies, two counts of Criminal Confinement, 3 both class B felonies, Attempted Murder, 4 a class A felony, and Battery, 5 a class C felony. Grafe presents the following restated issues for review: 6

1. Did the conviction of both attempted murder and the elevation of the confinement to a class B felony violate double jeopardy principles?

2. Did the elevation of the offenses…