Carter v. State

I concur in the majority’s conclusion that cumulative punishment for Carter’s two convictions offends the Double Jeopardy Clause of the United States Constitution. The imposition of consecutive sentences in this case for reckless homicide, IC 1976, 35-42-1-5 (Burns Code Ed., 1979 Repl.) (amended 1980), and for causing death while driving and being intoxicated, IC 1976, 9^1-54(b)(l) (Burns Code Ed., 1980 Repl.) (amended 1980 and 1981), clearly subjects Carter to multiple punishment for the “same offense.” However, the reasoning employed by the majority does little to sustain its conclusion.…