State of Indiana v. Amber E. McHenry

The State of Indiana appeals the trial court’s grant of Amber McHenry’s motion to dismiss her Level 2 felony charge of burglary while armed with a deadly weapon, in which the trial court essentially determined that a handgun obtained in the course of a burglary cannot support the elevated charge of burglary while armed with a deadly weapon under Indiana Code section 35-43-2-1(3)(A). We affirm.

The State presents one issue for our review, which we restate as: whether the trial court erred when it granted McHenry’s motion to dismiss the charge of burglary while armed with a deadly weapon.

In…