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Shields v. State

Supreme Court of Indiana
Jun 3, 1986
493 N.E.2d 460 (Ind. 1986)

Summary

holding that “one may not be twice punished for a single homicide”

Summary of this case from Seward v. State

Opinion

No. 1081S304.

June 3, 1986.

Appeal from the Superior Court, Lake County, James E. Letsinger, J.

Lex Venditti, of counsel, Spangler, Jennings, Spangler Dougherty, Merrillville, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.


William Shields was convicted of murder and felony murder and a life sentence was imposed. This Court recently affirmed the murder conviction and the denial of Shields' petition for post-conviction relief. Shields v. State (1986), Ind., 490 N.E.2d 292. We remanded with instructions to the trial court to vacate the conviction for felony murder. From that order the State now petitions for rehearing.

Shields committed one homicide, yet he was convicted of both murder and felony murder. Murder and felony murder constitute the same offense, and one may not be twice punished for a single homicide. Bean v. State (1978), 267 Ind. 528, 371 N.E.2d 713. The State argues that because only one life sentence was imposed, Shields was not twice punished, and the double conviction should stand.

Prevailing authority is to the contrary. A record of conviction has potential social and legal consequences which operate irrespective of whether a sentence is imposed. Benton v. Maryland (1969), 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707. Clearly, a judgment of conviction alone, without imprisonment thereon, constitutes punishment. Ball v. United States (1985), 470 U.S. 856, 105 S.Ct. 1668, 84 L.Ed.2d 740; Bean v. State, supra; Thompson v. State (1973) 259 Ind. 587, 290 N.E.2d 724.

The State's petition is denied.

GIVAN, C.J., and DeBRULER, PIVARNIK and DICKSON, JJ., concur.


Summaries of

Shields v. State

Supreme Court of Indiana
Jun 3, 1986
493 N.E.2d 460 (Ind. 1986)

holding that “one may not be twice punished for a single homicide”

Summary of this case from Seward v. State
Case details for

Shields v. State

Case Details

Full title:WILLIAM SHIELDS, APPELLANT, (DEFENDANT/PETITIONER BELOW), v. STATE OF…

Court:Supreme Court of Indiana

Date published: Jun 3, 1986

Citations

493 N.E.2d 460 (Ind. 1986)

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