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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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