Wethington v. State

OPINION

KIRSCH, Judge.

Theodore Wethington was convicted of robbery, 1 as a Class A felony, kidnapping, 2 as a Class A felony, attempted murder, 3 as a Class A felony, and auto theft, 4 as a Class D felony. He appeals the denial of his petition for post-conviction relief, raising the following issues:

1. Whether the denial of post-conviction relief despite newly discovered evidence was error?

2. Whether Wethington's multiple convictions violate double jeopardy provisions of the Indiana and United States constitutions? We vacate the auto theft conviction and otherwise affirm the trial court's…