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COA trims man’s robbery, sex offense sentence from 248 to 218 years

March 24, 2016

An Indianapolis man who was one of five accomplices who robbed a house and sexually assaulted victims inside during a two-hour rampage will likely spend the rest of his life behind bars, but the Indiana Court of Appeals ruled Thursday he had been subjected to double jeopardy and trimmed 30 years off his sentence.

Alexander DuPree was one of five people who had been using marijuana, cocaine and drinking alcohol since the evening before Oct. 29, 2013, when they broke into the house occupied by a couple and their daughter. The intruders ransacked the house, and Dupree raped and assaulted the daughter.

DuPree was charged with 35 counts, and a jury convicted him of 11: Class A felony criminal deviate conduct, Class A felony attempted criminal deviate conduct, two counts of Class A felony rape, Class A felony burglary, Class A felony robbery, Class B felony robbery, three counts of Class B felony carjacking, and Class C felony robbery.

“Dupree contends that (1) his convictions for Class B felony robbery of A.P. and three counts of carjacking violate Indiana’s single larceny rule, (2) his convictions for Class A felony robbery and Class A felony burglary violate prohibitions against double jeopardy because they were both enhanced by the same bodily injury, and (3) his 248-year sentence is inappropriate.  While we disagree with Dupree’s first and third contentions, his second is meritorious,” Judge Cale Bradford wrote.
 
“Consequently, we affirm in part, reverse in part, and remand with instructions to reduce Dupree’s Class A felony robbery conviction to a Class B felony and reduce his aggregate sentence to 218 years of incarceration.”  

The case is Alexander Dupree v. State of Indiana, 49A02-1505-CR-439.
 

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