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COA: Theft and auto theft adjudications didn’t violate single larceny rule

January 15, 2013

A teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed by an adult violated the single larceny rule.

The youth burglarized an Indianapolis home and stole a Chevy Avalanche truck and several personal items including a handgun, iPod and television. He was adjudicated a delinquent for burglary, which would be a Class B felony if committed by an adult; theft, which would be a Class D felony if committed by an adult; auto theft, which would be a Class D felony if committed by an adult; and resisting law enforcement, which would be a Class A misdemeanor if committed by an adult.

On appeal in J.R. v. State of Indiana, 49A05-1204-JV-175, J.R. cites Stout v. State, 479 N.E.2d 563 (Ind. 1985), to argue his true findings for theft and auto theft cannot stand. In Stout, the court ruled that a defendant could not be charged with multiple violations of the same theft statute.

“But here, true findings were made as to theft and auto theft, which are different offenses and violations of different statutes. We conclude that the crimes of theft and auto theft are distinct offenses, and J.R.’s true findings for both offenses did not violate the single larceny rule,” Judge James Kirsch wrote in affirming the Marion Superior Court ruling.

 

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