Jesse L. Smith v. State of Indiana

Pyle, Judge.

*268 Statement of the Case

[1] Jesse Smith ("Smith") appeals his conviction for Level 6 felony criminal recklessness, 1 claiming that his convictions for Level 3 felony attempted aggravated battery and Level 6 felony criminal recklessness violate Indiana's Double Jeopardy Clause. Concluding that the actual evidence presented at trial supports separate convictions, we affirm Smith's conviction.

[2] We affirm.

Issue

Whether Smith's convictions violate Indiana's double jeopardy prohibition.

Facts

[3] Smith and Orville Johnson ("Johnson") were both dating Smith's brother's estranged wife…