Kingery v. State

ON DIRECT APPEAL

SELBY, Justice.

After a jury trial, Charles Kingery was convicted of murder and Class A robbery. The trial court sentenced Kingery to fifty-five years for murder and fifteen years for Class B robbery, to be served consecutively. He now brings this direct appeal. We affirm the murder conviction, the murder sentence, and Kingery's conviction on the lesser included offense of Class C robbery. However, because the trial court improperly sentenced Kingery for Class B robbery, we vacate the Class B robbery sentence and remand for a new sentencing on the Class C robbery conviction.

On…