Legal Opinion

Owens v. State

Indiana Court of Appeals

Decided December 9, 2008No. 48A05-0803-CR-170PublishedCited by 5 opinions

1Opinion of the Court

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Jerell Owens (Owens), appeals his convictions and sentence for murder, a felony, Ind.Code § 35-42-1-1, and robbery resulting in serious bodily injury, a Class A felony, I.C. § 35^2-5-1.

We reverse and remand with instructions.

ISSUE

Owens appeals both his convictions and his sentence, but we find the following issue to be dispositive: Whether Owens’ convictions for both murder and robbery resulting in serious bodily injury violate the prohibition against double jeopardy.

FACTS AND PROCEDURAL HISTORY 2

The State presented the following…

2Cases cited8 opinions

  1. Richardson v. StateIndiana Supreme Court · 1999
  2. Pierce v. StateIndiana Supreme Court · 2002
  3. Kingery v. StateIndiana Supreme Court · 1995
  4. Spears v. StateIndiana Supreme Court · 2000
  5. Gross v. StateIndiana Supreme Court · 2002

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Owens v. StateIndiana Court of Appeals · 2009
  2. Kendrick v. StateIndiana Court of Appeals · 2011
  3. Jerell Owens v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2015
  4. John Richard Kochopolous v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019
  5. Theodore T. Schwartz v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2016

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