III v. State of Indiana, Appellee-Plaintiff (2025)

MEMORANDUM DECISION ON REHEARING

[1] Ernest Chase appealed his convictions for criminal confinement (Count I) and domestic battery (Count II) on speedy trial and double jeopardy grounds. We found that Chase had waived his speedy trial claim but that his convictions for Counts I and II violated substantive double jeopardy. As such, we remanded to the trial court with instructions to vacate Chase's conviction and sentence for Count II and amend the Abstract of Judgment and sentencing order consistent with our opinion.

[2] The State now petitions for rehearing seeking more specific instructions for resentencing on remand. We grant rehearing for the sole purpose of clarifying that the trial court may resentence Chase to an appropriate sentence on the remaining Counts I and IV. See Sanjari v. State, 981 N.E.2d 578, 583 (Ind. Ct. App. 2013) (“trial court [has] flexibility upon remand, including the ability to increase sentences for individual convictions without giving rise to a presumption of vindictive sentencing, so long as the aggregate sentencing is no longer than originally imposed”), trans. denied; Hmurovic v. State, 43 N.E.3d 685, 689 (Ind. Ct. App. 2015).

DeBoer, Judge.

Chief Judge Altice and Judge Pyle concur. Altice, C.J., and Pyle, J., concur.