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Judges find enhancement doesn't violate double jeopardy principles

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The Indiana Court of Appeals tackled an issue of first impression in a case involving double jeopardy principles. A defendant’s sentence was enhanced under the Firearm Enhancement Statute following a conviction for reckless homicide.

In John G. Cooper v. State of Indiana, No. 32A05-1005-CR-309, John Cooper challenged his aggregate 13-year sentence for reckless homicide, which included a five-year enhancement under the Firearm Enhancement Statute. Cooper was convicted of Class C felony reckless homicide and the jury determined the state proved the firearm enhancement beyond a reasonable doubt. He claimed the evidence was insufficient to support the enhancement and that double jeopardy principles bar the enhancement because the conviction and enhancement were based on the single act of killing Michael Gelinas with a firearm.

Cooper suspected his wife was having an affair with Gelinas and purchased a shotgun and shells several days before confronting Gelinas at his home. An altercation ensued and Gelinas was shot and killed while he and Cooper wrestled. Cooper claimed he went to the home just to scare Gelinas.

The appellate judges affirmed there was sufficient evidence to support the enhancement, finding the state was able to prove Cooper knowingly or intentionally used a firearm to commit a reckless act.

In addressing the double jeopardy issue, the judges had to look to other jurisdictions for guidance because no Indiana court has squarely addressed this issue. Several of those jurisdictions have concluded that firearm sentencing enhancements similar to Indiana’s don’t raise double jeopardy concerns because the enhancement is merely a cumulative punishment rather than a separate offense, wrote Judge John Baker.

“We agree with those jurisdictions recognizing that sentencing enhancements are not offenses for double jeopardy purposes in circumstances such as the one before us. Indeed, the Firearm Enhancement Statute only prescribes an additional penalty for felonies that are committed with the use of a firearm,” he wrote.

Judge Baker also pointed to Joshua Nicoson v. State of Indiana, No. 32S04-1003-CR-150, in which a split Indiana Supreme Court recently held that state statute says that the use of a firearm can be the grounds for a sentence enhancement and doesn’t violate double jeopardy. Joshua Nicoson received a five-year sentence enhancement on one of his convictions of confinement with a deadly weapon.

“Again, Cooper was convicted of a single offense, for which the legislature has specifically provided a harsher penalty based on the use of a firearm. And even though the jury relied upon Cooper’s use of the shotgun for both the underlying offense and the enhancement, the legislature’s intent is clear that criminal offenses committed with firearms are to receive additional punishment,” he wrote.

The judges also affirmed Cooper’s aggregate 13-year sentence, finding it to be appropriate given the nature of the offense and his character.
 

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  • BS
    If he received punisment for a single crime and additional punishment (enhancement) for the same single crime, that certainly is double jeopardy. The courts can use any and all of the ambiguous language they choose to try to make their illegal, unconstitutional BS appear to be correct, when anyone but a lunatic knows better!
  • Law,
    This is baloney, however the courts have opened pandora's box, if they can use law from other jurisdictions so can defendants!
  • bullets?
    "Cooper . . . purchased a shotgun and bullets."
    Actually, he purchased a shotgun and shells. Bullets are not compatible with a shotgun. A shotgun fires shells, birdshot or buckshot, or slugs.

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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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