The Court of Appeals held an Illinois burglary conviction was broader than Indiana dwelling burglary and could not support Kelly’s serious-violent-felon firearm conviction.
The Indiana Court of Appeals affirms a murder conviction after three trials, holding that the defendant tacitly consented to the mistrial that triggered retrials by failing to object during an off-the-record chambers discussion—foreclosing his double jeopardy defense. The court also upholds a 70-year sentence and a consecutive firearm enhancement under Indiana Code section 35-50-2-11.