ILNews

COA vacates conviction on double jeopardy grounds

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

ADVERTISEMENT