GEE v. STATE (2026)

MEMORANDUM DECISION

[1] In August 2024, Dominique Demetrius Gee repeatedly forced T.G. to the ground and attempted to rape her for approximately two minutes. Among other offenses, Gee was convicted of Level 3 felony attempted rape and Level 4 felony criminal confinement. He appeals, arguing his convictions violate substantive double jeopardy. The State concedes the confinement should be vacated because the statutes do not permit multiple punishments, the offenses may be factually included because the charging information is ambiguous, and Gee's actions constituted a single transaction. See Wadle v. State, 151 N.E.3d 227 (Ind. 2020); A.W. v. State, 229 N.E.3d 1060 (Ind. 2024). We agree. Thus, we reverse Gee's conviction for confinement and remand for vacation of that conviction and for resentencing. The remainder of the judgment is affirmed.

[2] Affirmed in part, reversed in part, and remanded with instruction.

Scheele, Judge.

Bailey, J., and Vaidik, J., concur.