Dwayne A. Springfield, Appellant,
State of Indiana, Appellee.
from the Marion Superior Court, No. 49G21-1612-F2-47464 The
Honorable Alicia Gooden, Judge
Petition to Transfer from the Indiana Court of Appeals, No.
ATTORNEY FOR APPELLANT Valerie K. Boots Indianapolis, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Angela N. Sanchez Deputy Attorney General
a traffic stop that ended in a police chase, Dwayne
Springfield was charged with the following offenses, as
relevant to this appeal:
• Count II: Possession of Cocaine under
Indiana Code section 35-48-4-6(a), enhanced to a Level 4
felony under Indiana Code section 35-48-4-6(c)(2);
• Count IV: Possession of a Narcotic
Drug under Indiana Code section 35-48-4-6(a), enhanced to a
Level 5 felony under Indiana Code section 35-48-4-6(b)(2);
• Count V: Unlawful Possession of a
Firearm by a Serious Violent Felon, a Level 4 felony under
Indiana Code section 35-47-4-5(c).
State later added another count to charge Springfield with
being a habitual offender under Indiana Code section
trifurcated trial was held in April 2018. The first phase of
the trial involved Counts II and IV, and the jury found
Springfield guilty of both. During the second phase, the jury
determined that Springfield was guilty of Count V, the
unlawful possession of a firearm by a serious violent felon.
During the third phase, a bench trial, Springfield was
adjudicated a habitual offender.
sentencing hearing, the trial court sentenced Springfield to
10 years for Count II, enhanced by 20 years for being a
habitual offender; six years for Count IV; and 12 years for
Count V. These sentences were ordered to be served
concurrently, for an aggregate sentence of 30 years in the
Indiana Department of Correction.
appealed, arguing that his conviction for Count V and the
enhancements applied to Counts II and IV violated Indiana
double jeopardy principles because they were based on the
same evidence-his possession of a single firearm. This Court
has held that "two or more offenses are the 'same
offense' in violation of Article I, Section 14 of the
Indiana Constitution, if, with respect to either the
statutory elements of the challenged crimes or the
actual evidence used to convict, the essential elements of
one challenged offense also ...