COA vacates conviction on double jeopardy grounds

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The Indiana Court of Appeals has ruled that a man who helped participate in a robbery that left the victim blind must be cleared of a criminal confinement conviction because the same evidence may have been used to convict him on another charge.

In Carlton Wright v. State of Indiana, No. 10A01-1009-CR-517, Carlton Wright appealed his convictions of Class A felony robbery and Class D felony criminal confinement, and claimed his sentence is inappropriate. The court held that the aggregate sentence of 50 years – the maximum sentence for his robbery conviction – was not inappropriate, given Wright’s criminal background and events surrounding the crime that reflect poorly on his character.

On December 24, 2009, Reinaldo Santiago encountered Wright and Kianna Ball at a Clarksville hotel. Santiago agreed to give the two a ride. After stopping to buy alcohol and withdraw cash from an automatic teller machine, Santiago – who spoke little English – drove Wright and Ball to a friend’s house to find someone to serve as translator.

When Santiago parked his van at his friend’s house, Ball pulled out a gun and pointed it at Santiago’s head, and Wright grabbed him to prevent him from moving. Wright then got out of the passenger seat and walked around to the driver’s side. Ball shot Santiago in the head, and Wright pulled him from the van, took the driver’s seat and drove away. Witnesses obtained medical assistance for Santiago, who was permanently blinded due to his injuries.

Police apprehended Wright later, shooting him in the buttock as he attempted to flee. The state charged Wright with robbery, resisting law enforcement, and criminal confinement as a Class B felony. The jury found Wright guilty of robbery and resisting law enforcement as charged, but convicted him of criminal confinement as a Class D felony.

The appeals court cited the state’s closing remarks at trial as support for Wright’s argument that the jury could reasonably infer that the same force he used to confine Santiago could also be the same force used in committing the robbery. The appeals court therefore remanded to the trial court to vacate the conviction for criminal confinement, citing Indiana’s double jeopardy standards. Wright did not appeal his convictions on other charges, but argued his sentence was inappropriate, as he was an accomplice to the shooting.

Citing Merriweather v. State, 778 N.E.2d 449, 458-59 (Ind. Ct. App. 2002), the appeals court ruled that a defendant is criminally liable for the use of a weapon by an accomplice, even if the defendant was not armed. The court held that Wright made no effort to protest Ball shooting Santiago, and that he did not seek medical treatment for the victim, or cooperate with police.

Wright was initially sentenced to serve his conviction for criminal confinement concurrently with the robbery sentence, so the court’s reversal of the criminal confinement conviction does not affect Wright’s overall incarceration.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.