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[SUPREME] Carl Eugene McDonald v. State of Indiana, No. 21A-CR-00363

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Thursday, January 20, 2022 9am to 9:40am

Statehouse, Supreme Court Courtroom, 200 West Washington Street, Indianapolis, IN 46204

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Due to the COVID-19 pandemic, masks are required in the Courtroom, and public seating is limited for social distancing. (A live webcast will be available outside the Courtroom and remotely.)

McDonald pleaded guilty to four felony charges and one misdemeanor charge and to being a habitual vehicular substance offender (HVSO). The Cass Superior Court accepted the plea and convicted and sentenced McDonald on each of the five charges and the HVSO enhancement. The Court of Appeals concluded, in part, that McDonald could not raise a double jeopardy challenge to his multiple felony convictions on direct appeal and that, although the court erred in finding it could not suspend the HVSO enhancement, remand for resentencing was unnecessary because the record indicates the court would have imposed the same sentence had it known the enhancement was subject to suspension. McDonald v. State, 173 N.E.3d 1043 (Ind. Ct. App. 2021), trans. pending. McDonald has petitioned this Court to accept jurisdiction over the appeal.   

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