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Gordon v. State

Since both crimes could be proved with the same evidence, the rule of lenity applied such that the defendant should have been sentenced for the misdemeanor offense of making a false report of a crime, instead of for the conviction of the felony offense of making a false statement.

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Kyle Lee Gordon appeals from the trial court’s decision to sentence him on a conviction for the felony offense of making a false statement1 after rejecting his argument that the rule of lenity applied such that he should be sentenced instead for the misdemeanor offense of making a false report of a crime.2 Because we agree with Gordon that the rule of lenity applies, we reverse.

The record reflects that, after waiving his right to a jury trial, Gordon pleaded guilty to one count of hit and run,3 but entered into a stipulation of facts on a felony charge of making a false statement, arguing that the rule of lenity applied to the charged offense. The trial court found Gordon guilty of the charged offense of making a false statement and, following argument by Gordon and the State, rejected Gordon’s argument that he should be sentenced for the misdemeanor of making a false report of a crime.

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