Green v. State

On Petition To Transfer from the Indiana Court of Appeals, No. 15A01-0508-CR-373

SHEPARD, Chief Justice.

Trial courts sometimes receive a plea of guilty or a finding of guilt on multiple counts, one of which represents a lesser-included offense of some other count. Where the court merges the lesser-included offense without imposing judgment, there is no need to remand on appeal to "vacate."

Michael Green pled guilty to four counts-attempted robbery, conspiracy to commit robbery, burglary, and conspiracy to commit burglary-for his role in the August 5, 2002, burglary and attack of Mr. and Mrs.…