Rust v. State

HUNTER, Justice.

The defendant, Don Carlyle Rust, II, was charged under Count I with felony-murder, Ind.Code § 35-42-1-1(2) (Burns 1979 Repl.), wherein the underlying felony was kidnapping, and he was also charged with a separate count of kidnapping, Ind.Code § 35-42-8-2(b)(2) (Burns 1979 Repl.). Since an intentional killing was committed during the course of this kidnapping, the prosecutor also filed for imposition of the death sentence.

Pursuant to a plea agreement defendant changed his original not guilty plea to guilty of Count I, felony-murder. The state then dismissed Count II,…