Nicoson v. State

OPINION

BAKER, Chief Judge.

Today we decide an issue of first impression regarding the application of double jeopardy principles when a defendant's sentence is enhanced based on his use of a deadly weapon. Appellant-defendant Joshua G. Nicoson appeals the five-year sentence enhancement that the trial court imposed for the use of a firearm following his conviction for Criminal Confinement with a Deadly Weapon,1 a class B felony. Specifically, Nicoson argues that the enhanced penalty constituted an impermissible "double enhancement" in violation of double jeopardy principles. Appellant's Br. p.…