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717 N.E.2d 103

Guffey v. State

Indiana Supreme Court

Decided October 1, 1999

Indiana Supreme Court · decided 1999-10-01

Relies on Richardson v. State · Thompson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-10-01

How this case has been cited

Cited by 9 later decisions — most recently September 2011

9 state decisions

50199920002010decided

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.

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BOEHM, Justice,

¶1concurring in result.

¶2I agree with the majority that Guffey’s convictions for conspiracy to commit robbery and aiding in the commission of a robbery are improper. Because under the instructions both offenses required the State to prove the same set of acts, I conclude that Guffey’s convictions for conspiracy to commit robbery and aiding in the commission of a robbery are not “independently supported, separate and distinct” as required by our decision in Thompson v. State, 259 Ind. 587, 592, 290 N.E.2d 724, 727 (1972). See also Richardson v. State, 717 N.E.2d 32, 57 (Ind.1999) (Boehm, J., concurring in result). Guffey’s conviction and sentence for conspiracy to commit robbery must be vacated under this common law rule.

SELBY, J., concurs.
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