Court of Appeals of Indiana
Devante Shakur Foster v. State of Indiana
No. 25A-CR-325
Appeal from the Marion Superior Court, Judge Angela Dow Davis. Following a jury trial, Devante Foster was convicted of multiple offenses including armed robbery and kidnapping stemming from robberies of two armored vehicles. The court affirmed Foster’s convictions for armed robbery but remanded the case to the trial court to reverse his theft, kidnapping and criminal confinement convictions, citing substantive double jeopardy concerns since the acts constituted a single transaction. The court also found that while there was prosecutorial misconduct during closing arguments, it did not rise to the level of fundamental error. Foster’s constitutional rights regarding cross-examination were not violated, as the trial court acted within its discretion to limit questions that could elicit perjury. Chief Judge Tavitas authored the opinion, with Judges Kenworthy and DeBoer concurring. Appellant’s attorney: Sarah Medlin, Marion County Public Defender Agency, Appellate Division, Indianapolis, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.
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