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COA reverses conviction based on continuing crime doctrine

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The Indiana Court of Appeals has reversed one conviction against a man charged with multiple offenses for stabbing his wife.

In Richard Leggs v. State of Indiana, No. 49A02-1105-CR-522, Richard Leggs appealed his conviction on multiple charges and argued that his two convictions of criminal confinement violate the continuing crime doctrine.

Leggs attacked his wife in their apartment in 2010, first threatening to kill her and then pinning her down and stabbing her twice in the stomach.

A trial court found Leggs guilty of two counts of Class B felony criminal confinement and one count each of Class C felony intimidation, Class C felony criminal recklessness, and Class A misdemeanor resisting law enforcement.

The trial court ordered the following four sentences served concurrently: 14 years for Class B felony criminal confinement, five years for Class C felony intimidation, 545 days for Class D felony criminal recklessness, and 365 days for Class A misdemeanor resisting law enforcement. For the second count of Class B felony criminal confinement, the trial court sentenced Leggs to six years and ordered it served consecutive to his other sentences, for an aggregate sentence of 20 years.

In his appeal, Leggs argued that the evidence was insufficient to support his conviction of Class C felony intimidation. But the COA affirmed the trial court, holding that Leggs did not file a motion to dismiss the charges in trial court, nor did he demonstrate that deficiencies in the charging information rose to the level of fundamental error.

The appellate panel found the two convictions of Class B felony criminal confinement violated the continuing crime doctrine. Accordingly, the court reversed one of his criminal confinement convictions and remanded for resentencing.

 

 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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