Listen to this story
Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThis audio file is brought to you by
0:00
0:00
Loading audio file, please wait.
Indiana Court of Appeals
Toby Lewis Webster v. State of Indiana (mem. dec.)
19A-CR-683
Criminal. Affirms Toby Webster’s conviction of Level 3 felony armed robbery. Finds sufficient evidence to support Webster’s armed robbery conviction because the victim testified Webster used a knife to stab him and then stole his van. Finds the Marion Superior Court improperly merged the battery with a deadly weapon count and the armed robbery count in violation of Indiana’s prohibition against double jeopardy. Reverses Webster’s conviction of Level 5 felony battery by means of a deadly weapon. Remands for the trial court to vacate the improperly merged battery conviction.
Please enable JavaScript to view this content.