Miller v. State

On Petition To Transfer

DICKSON, Justice.

The defendant, Paul E. Miller, was convicted of burglary as a class A felony, two counts of criminal deviate conduct as class A felonies, criminal confinement as a class B felony, robbery as a class B felony, resisting law enforcement as a class A misdemeanor, and battery as a class A misdemeanor. The defendant appealed his burglary conviction on sufficiency grounds and claimed a violation of the double jeopardy provision of the Indiana Constitution because his use of a single weapon was used to elevate the sentencing classification of several of his…