Legal Opinion

Cooper v. State

Indiana Court of Appeals

Decided January 11, 2011No. 32A05-1005-CR-309PublishedCited by 12 opinions

1Opinion of the Court

OPINION

BAKER, Judge. -

Today we decide an issue of first impression regarding the application of double jeopardy principles when a defendant's sentence is enhanced under the firearm enhancement statute following a conviction for reckless homicide. We conclude that double jeopardy principles are not implicated in this instance.

Appellant-defendant John G. Cooper appeals the five-year sentence that was imposed under the Firearm Enhancement Statute, 1 following the jury's determination that he knowingly or intentionally used a firearm in the commission of Reckless Homicide, 2 a class C felony.…

2Cases cited9 opinions

  1. Childress v. StateIndiana Supreme Court · 2006
  2. Drane v. StateIndiana Supreme Court · 2007
  3. Richardson v. StateIndiana Supreme Court · 1999
  4. Guyton v. StateIndiana Supreme Court · 2002
  5. King Ex Rel. King v. Northeast Security, Inc.Indiana Supreme Court · 2003

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3Cited by12 opinions

  1. Tongate v. StateIndiana Court of Appeals · 2011
  2. Drakkar R. Willis v. State of IndianaIndiana Court of Appeals · 2014
  3. Akeem Turner v. State of IndianaIndiana Court of Appeals · 2014
  4. Alan Ocampo v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2020
  5. Christian Q. White v. State of IndianaIndiana Court of Appeals · 2026

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