Preview:

FILED
FOR PUBLICATION
Aug 24 2011, 9:15 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: MATTHEW J. MCGOVERN Evansville, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MATTHEW ERIN KOCH, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 82A01-1004-CR-154

APPEAL FROM THE VANDERBURGH CIRCUIT COURT The Honorable Carl A. Heldt, Judge The Honorable Kelli E. Fink, Magistrate Cause No. 82C01-0807-FB-754

August 24, 2011

OPINION - FOR PUBLICATION

BROWN, Judge

Matthew Erin Koch appeals his convictions and sentences for two counts of criminal confinement as class B felonies,1 battery by means of a deadly weapon as a class C felony,2 kidnapping as a class A felony,3 and robbery as a class A felony.4 Koch raises five issues, which we revise and restate as: I. Whether the evidence is sufficient to support his convictions for kidnapping, robbery, and battery; Whether the trial court abused its discretion by rejecting Kochs proposed instruction on jurisdiction; Whether Kochs convictions for criminal confinement and kidnapping violate Indianas prohibition against double jeopardy or the continuing crime doctrine; Whether the court abused its discretion in sentencing Koch; and Whether his sentence is inappropriate in light of the nature of the offense and the character of the offender.

II.

III.

IV. V.

We affirm in part, reverse in part, and remand. The relevant facts follow. In 2005 or 2006, Lien Kim Le met Koch in a chemistry class at U.S.I. in Evansville, Indiana. At some point, Le and Koch started dating and dated "[o]n and off" for approximately three years. Transcript at 429. By July 2008, Le and Koch remained friends and talked regularly.

1

Ind. Code

Download Matthew Erin Koch v. State of Indiana.pdf

Indiana Law