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790 N.E.2d 437

Miller v. State

Indiana Supreme Court

Decided June 25, 2003

Indiana Supreme Court · decided 2003-06-25

Cited by 17 later decisions — most recently June 2019

17 state decisions

Relies on Richardson v. State · Guyton v. State · Pierce v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2003-06-25

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SULLIVAN, Justice,

¶1concurring.

¶2What justifies the multiple enhancements here is the repeated use of the knife by the defendant in committing crimes for which he was convicted. Had the defendant merely been armed with the weapon while committing multiple crimes, and not actually used it (or used it only once), I think it would be improper to impose more than one enhancement. In such a circumstance, the multiple enhancements would be for the “very same behavior” and thus violate the rule against multiple enhancements to which this Court subscribed in Guyton v. State, 771 N.E.2d 1141, 1143 (Ind.2002) (citing Pierce v. State, 761 N.E.2d 826, 830 (Ind.2002), citing in 'turn Richardson v. State, 717 N.E.2d 32, 55 (Ind.1999) (Sullivan, J., concurring); id. at 57 (Boehm, J., concurring in result)).

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