from the Marion Superior Court Cause No. 49G06-1604-MR-13185
The Honorable Mark D. Stoner, Judge
Attorney for Appellant Darren Bedwell Indianapolis, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Samantha M. Sumcad Deputy Attorney General
A jury found Kameron Martin guilty of, among other things,
murder and robbery as a Level 2 felony, elevated based on the
serious bodily injury sustained by the murder victim when he
was shot and killed. To avoid a double jeopardy violation,
the trial court entered the robbery conviction as a Level 3
felony rather than a Level 2 felony. On appeal, Martin argues
that the robbery conviction should have been reduced to a
Level 5 felony because the use of a deadly weapon element,
relied upon by the trial court as the basis for the Level 3
felony, was not found by the jury beyond a reasonable doubt.
We vacate the sentence for Level 3 felony robbery and remand
for sentencing on Level 5 felony robbery.
& Procedural History
On the evening of March 11, 2016, Martin and Anthony Breaziel
planned the robbery of a liquor store a few blocks away from
Martin's residence in Indianapolis. Martin and Breaziel,
both armed with handguns, left the residence with Corey
Spurlock. An unidentified woman drove them to the liquor
store and stayed outside waiting in the car.
The three men entered the liquor store around 1:45 a.m. on
March 12, wearing masks and hoods, and quickly dispersed
throughout the store. There were two employees, Walter Woods
and Diana Montgomery, and the owner, Joe Klein, inside.
Spurlock went behind the counter, while Breaziel approached
Montgomery who was stocking shelves. He pointed his gun at
her and requested that she open the safe. Because she could
not access the safe, Breaziel directed her to the register to
open the cash drawer.
In the meantime, Martin went into the back office where Klein
was working at his desk. Martin quickly pocketed a revolver
that Klein had on the desk and then pointed his own gun at
Klein, who raised his hands and stood up. Martin backed out
of the office as Klein followed at gunpoint as directed. When
he reached the door, however, Klein tried to close the door
between him and Martin and reached for a shotgun that rested
behind the door, but Martin fired two shots. One of the
bullets passed through the door and into the left side of
Klein's chest. Klein collapsed to the floor and died at
Upon hearing the shots, Spurlock ran out of the store and,
after grabbing the entire cash register drawer, Breaziel
followed. Martin also fled. The three men and the woman went
back to Martin's residence and split the proceeds of the
robbery after opening the cash register drawer with a hammer.
Thereafter, Martin burned the clothes he had been wearing and
gave away Klein's revolver.
On April 7, 2016, the State charged Martin with four counts -
murder (Count 1), felony murder (Count 2), Level 2 felony
robbery (Count 3), and Level 4 felony unlawful possession of
a firearm by a serious violent felon (Count 4). On June 8,
2016, the State amended the information to include a charge
of Level 3 felony conspiracy to commit robbery (Count 5).
Following a three-day trial in early December 2018,
jury found Martin guilty on all counts as charged, except
that the bifurcated portion relating to the serious violent
felon determination had yet to be held. On the State's
motion, the trial court dismissed Count 4.
The sentencing hearing was held on December 20, 2018, at
which the parties and the trial court discussed double
jeopardy issues regarding the four remaining counts.
Ultimately, the trial court ...