Paquette v. StateAnnotate this Case
The Supreme Court vacated the decision of the court of appeals reversing in part Defendant's convictions, holding that that the court of appeals' effort to correct a double jeopardy violation misconstrued Paquette v. State, 101 N.E.3d 234 (Ind. 2018) (Paquette I).
The trial court convicted Defendant of three counts of resisting law enforcement by fleeing in a vehicle causing death, a Level 3 felony, operating a vehicle with methamphetamine in his blood causing serious bodily injury, a Level 4 felony, and two Level 6 felonies. In Defendant's first appeal, the Supreme Court held, among other things, that the resisting law enforcement statute does not contemplate multiple convictions when multiple victims were killed as a result of a single incident of resisting. After the case was remanded, the court of appeals reversed in part. The Supreme Court held that the court of appeals misconstrued Paquette I by vacating the Level 3 felony conviction instead of one of the three Level 4 felony convictions. The Court then remanded for the trial court to impose judgment for one count of Level 3 felony resisting law enforcement causing death, two counts of Level 4 felony operating causing death, and one count of Level 6 felony operating causing serious bodily injury and to sentence accordingly.