Preview:

Pursuant to Ind. Appellate Rule 65(D),  this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.





ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:

MARK A. BATES GREGORY F. ZOELLER
Lake County Public Defender.s Office  Attorney General of Indiana
Crown Point, Indiana    
STEPHEN TESMER
Deputy Attorney General
Indianapolis, Indiana
  


IN THE
COURT OF APPEALS OF INDIANA



SAMUEL LAJUAN SHAW, )
)
Appellant-Defendant, )
)
vs. ) No. 45A03-0806-CR-302
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )



APPEAL FROM THE LAKE SUPERIOR COURT
The Honorable Clarence D. Murray, Judge
Cause No. 45G02-0704-FA-10





April 7, 2009



MEMORANDUM DECISION - NOT FOR PUBLICATION



ROBB, Judge  
Case Summary and Issues Following a jury trial, Samuel Shaw appeals his convictions for aggravated battery and criminal confinement, both Class B felonies.  On appeal, Shaw raises two issues, which we restate as 1) whether Shaw.s convictions violated the Indiana constitutional prohibition against double jeopardy and 2) whether sufficient evidence supports Shaw.s criminal confinement conviction.  Concluding that Shaw.s convictions violate double jeopardy, but that sufficient evidence supports Shaw.s criminal confinement conviction as a Class D felony, we affirm in part, reverse in part, and remand with instructions. Facts and Procedural History On the evening of April 23, 2007, Douglas Hilbrich was watching television at a friend.s home when Shaw entered, pressed a handgun to the back of his head, and said,

Download 04070902mgr.pdf

Indiana Law