Jacob R. Lumbley, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Tippecanoe Superior Court The Honorable Steven P.
Meyer, Judge, Trial Court Cause No. 79D02-1411-F3-3
Attorney for Appellant Bruce W. Graham Graham Law Firm P.C.
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Michael Gene Worden Deputy Attorney General
Jacob R. Lumbley appeals his convictions and sentence for
conspiracy to commit robbery as a level 5 felony, robbery as
a level 5 felony, and two counts of criminal confinement as
level 3 felonies, enhanced by the use of a firearm. Lumbley
raises three issues which we revise and restate as:
I. Whether the trial court erred by enhancing the sentences
for his two criminal confinement convictions based upon his
use of a firearm;
II. Whether the trial court erred in ordering that the
enhanced sentence for each criminal confinement conviction be
served consecutive to each other; and
III. Whether double jeopardy prohibits his convictions for
conspiracy to commit robbery and robbery.
and Procedural History
During October and November 2014, Lumbley and Miguel Garcia
agreed to commit robbery. Lumbley obtained sweatshirts and
masks to conceal their identities and a gun. On November 1,
2014, Lumbley and others took property including U.S.
currency and merchandise from a Speedway in Tippecanoe
County. Lumbley took property from the clerk, Michael
Reynolds, by putting him in fear by pointing a Ruger handgun
and demanding property. Lumbley confined Reynolds without his
consent by using the deadly weapon. Lumbley pointed it and
put it close to the clerk's head and face. He also took
Reynolds' cellphone so he would not call the police and
shared in the proceeds of the robbery.
On November 5, 2014, Lumbley, Garcia, and Tiffany Mounts were
together. Lumbley took property, U.S. currency, merchandise,
and cellphones from Josh Moore and Megan Vessels, clerks at a
Village Pantry, by threatening to use force or putting them
in fear. Lumbley also took property of Village Pantry. He
possessed a shotgun and confined Moore by "using a
firearm and pointing the firearm at him . . . ."
Transcript at 48. Specifically, he elevated the gun and
pointed it at both Moore and Vessels. Lumbley also confined
On November 12, 2014, the State charged Lumbley with: Count
I, conspiracy to commit robbery as a level 3 felony; Count
II, robbery as a level 3 felony; Count III, criminal
confinement as a level 3 felony; Count IV, theft as a class A
misdemeanor; Count V, theft as a class A misdemeanor; Count
VI, carrying a handgun without a license as a class A
misdemeanor; Count VII robbery as a level 3 felony; Count
VIII, criminal confinement as a level 3 felony; Count IX,
criminal confinement as a level 3 felony; Count X, theft as a
class A misdemeanor; Count XI, theft as a class A
misdemeanor; and Count XII, carrying a handgun while having a
prior felony conviction as a level 5 felony. On December 4,
2014, the State added the following charges: Count XIII,
unlawful use of a firearm in the commission of criminal
confinement; and Count XIV, unlawful use of a firearm in the
commission of criminal confinement. On December 10, 2014, the
State filed amendments to the charging information.
On July 28, 2015, Lumbley filed a motion to suppress, and the
court denied the motion on August 12, 2015. On September 1,
2015, the day of Lumbley's scheduled trial, he pled
guilty as charged. He admitted that he had been convicted of
a felony within the past fifteen years and agreed that he
knowingly or intentionally used a firearm in the commission
of the criminal confinements at the Speedway and Village
Pantry. Specifically, Lumbley's counsel asked him if he
confined Reynolds "by using that deadly weapon and not
allowing him to leave, correct?" Id. at 43-44.
Lumbley answered: "Correct." Id. at 44.
Lumbley's counsel asked him if he confined Moore "by
using a firearm and pointing the firearm at him, and not
allowing him to move freely or leave, correct?"
Id. at 48. Lumbley answered: "Yes."
Id. On cross-examination by the prosecutor, Lumbley
admitted that he took a Ruger handgun into the Speedway and
pointed it at and put it close to the clerk's head and
face. The prosecutor asked Lumbley: "And so, ...