Sec. 6. Whenever:

(1) a defendant is charged with an offense and an included offense in separate counts; and

Terms Used In Indiana Code 35-38-1-6

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(2) the defendant is found guilty of both counts;

judgment and sentence may not be entered against the defendant for the included offense.

As added by P.L.311-1983, SEC.3.