Lindsey v. State

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Jesse Lindsey III appeals from the post-conviction court’s denial of his petition for post-conviction relief. Lindsey raises a single issue for our review, namely, whether the Indiana Penal Code of 1977, now codified at Ind.Code §§ 35-41-1-1 to 50-8-1, is based on “vindictive justice” and contrary to Article I, Section 18 of the Indiana Constitution.

We affirm.

FACTS AND PROCEDURAL HISTORY

The facts and procedural history relevant to Lindsey’s current appeal were stated in this court’s memorandum decision on his direct appeal:

Approximately two weeks prior…