516 NE2D 1053 - Johnson v. State

How this case has been cited

Cited by 24 later decisions — most recently June 2015

4 federal appellate · 19 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1ON PETITION FOR REHEARING

GIVAN, Justice.

¶2In our original opinion in this case, we stated that the trial judge properly joined the first two murder counts. However, upon examination of the entire record, we find that the trial judge entered a single sentence for the two counts but did in fact issue a commitment which states that appellant stands convicted of two counts of murder. Appellant is correct in his observation that these two charges of murder arose from the single homicide. To leave both standing, even though a single sentence was imposed, is error. Shields v. State (1986), Ind. 493 N.E.2d 460; Robinson v. State (1985), Ind., 477 N.E.2d 288.

¶3Appellant's petition for rehearing is granted and this cause is remanded to the trial court with instructions to vacate the conviction for felony murder.

SHEPARD, C.J., and DeBRULER, PIVARNIK and DICKSON, JJ., concur.