Gregory Dwayne Smith, Jr. v. State of Indiana

Summary

The Indiana Court of Appeals holds that sufficient evidence supported Gregory Dwayne Smith Jr.'s Level 3 felony rape conviction, including evidence that the victim perceived force or an imminent threat of force. The court further holds that the rape and criminal confinement convictions violated Indiana's protection against substantive double jeopardy because the offenses arose from a single continuous crime. The court affirmed the rape conviction, reversed the criminal confinement conviction and sentence, and remanded with instructions to vacate them.

Holdings

1. The State presented sufficient evidence that Smith compelled K.H. by force or imminent threat of force. The rape conviction is affirmed.
2. The convictions violated Indiana's protection against substantive double jeopardy because the State failed to distinguish the offenses as separate transactions. The criminal-confinement conviction carried the lesser penalty and therefore must be reversed, with its accompanying sentence vacated.
3. Smith's isolated statement at sentencing that there was a legitimate argument for the confinement conviction to merge did not, without more, establish invited error because it did not demonstrate a deliberate, well-informed trial strategy.

Questions Presented

1. Whether the State presented sufficient evidence that Smith compelled K.H. to submit to sexual conduct by force or imminent threat of force, as required for rape.
2. Whether Smith's convictions for rape and criminal confinement violated Indiana's protection against substantive double jeopardy.
3. Whether Smith invited any double-jeopardy error through a statement at sentencing concerning merging the confinement conviction.

Disposition

reversed_and_remanded