Kocielko v. State

OPINION ON REHEARING

BAILEY, Judge.

This matter comes before us on a petition for rehearing by the State. The State asks that we reconsider our decision with regard to the vacation of Kocielko’s conviction for Sexual Misconduct with a Minor as a Class C felony. We grant rehearing and affirm the decision of the trial court except for the imposition of a double habitual offender enhancement.

In Kocielko v. State, 938 N.E.2d 243 (Ind.Ct.App.2010), we applied double jeopardy principles as set forth in Richardson v. State, 717 N.E.2d 32 (Ind.1999) to hold *1283that Kocielko could be retried on the two…