Rodriguez v. State

OPINION

BAKER, Judge.

Appellant-defendant Anthony Edward Rodriguez appeals his convictions for Rape,1 a class A felony and Criminal Confinement,2 a class B felony. Specifically, Rodriguez maintains that the enhancement of both offenses by the same eclement-use of a deadly weapon-violates double jeopardy prohibitions under the Indiana Constitution and that two instances of prosecu-torial misconduct denied him the right to a fair trial and constituted reversible error. Concluding that there was no double jeopardy violation and that the admonishment the trial judge administered to the jury…