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Ind. Code § 35-38-1-6

Judgment and sentence when defendant charged and found guilty of offense and included offense

Applied in 20 court decisions — leading case Richardson v. State (1999)

Most recently applied in Christopher Cross v. State of Indiana (November 2013)

As added by P.L.311-1983, SEC.3.

How often courts cite this section

199020002010201350
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 6. Whenever:

(1) a defendant is charged with an offense and an included offense in separate counts; and

(2) the defendant is found guilty of both counts;

judgment and sentence may not be entered against the defendant for the included offense.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.