State v. Brown

¶1 Following a jury trial in the Twentieth Judicial District Court, Lake County, Wayne J. Brown (Brown) was found guilty of felony assault. The District Court sentenced Brown to a term of ten years in prison for the offense of felony assault, and imposed an additional term of ten years in prison for use of a weapon. Brown appeals the court’s order of judgment and commitment on the basis of double jeopardy. We reverse and remand for resentencing.

¶2 The following issues are presented for review:

¶3 1. Is Brown’s double jeopardy challenge properly before this Court when it was not raised in the…