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Carpenter v. State

Court of Appeals of Indiana

August 26, 2014

LAMONT CARPENTER, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE ALLEN SUPERIOR COURT. The Honorable Wendy W. Davis, Judge. Cause No. 02D06-1302-FA-2.

ATTORNEY FOR APPELLANT: ANTHONY S. CHURCHWARD, Leonard, Hammond, Thoma & Terrill, Fort Wayne, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, RYAN D. JOHANNINGSMEIER, Deputy Attorney General, Indianapolis, Indiana.

MAY, Judge. KIRSCH, J., and BAILEY, J., concur.

OPINION

Page 1076

MAY, Judge

Lamont Carpenter appeals his convictions of five counts of Class A felony dealing in cocaine; [1] and one count each of Class B felony unlawful possession of a firearm by a serious violent felon (" SVF" ),[2] Class C felony possession of a handgun with altered identifying marks,[3] and Class D felony possession of marijuana.[4] He presents multiple issues for our review, which we consolidate and restate as:

1. Whether the trial court properly bifurcated Carpenter's trial on the charge of unlawful possession of a firearm by an SVF;
2. Whether the trial court abused its discretion by overruling Carpenter's hearsay objection to State's Exhibit

Page 1077

17, which contained multiple pieces of mail; and
3. Whether Carpenter's simultaneous convictions of unlawful possession of a firearm by an SVF and possession of a handgun with altered identifying marks exposed him to double jeopardy.

We affirm.

FACTS AND PROCEDURAL HISTORY


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