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Dariusz is a System Administrator with a passion for assisting other people with problems concerning their computers. He is skilled in the use of Windows and Linux and is always ready to lend a hand in troubleshooting a problem. court to determine if the reasonable doubt standard announced in Winship, supra, is applicable to the question of whether due process requires the prosecution to affirmatively demonstrate the defendant’s guilt beyond a reasonable doubt.
I am of the opinion the majority opinion does not accurately present the issue presented to this court. On the contrary, there are four questions presented:
(1) Were there two separate and independent offenses, each sufficient to sustain a conviction and each requiring separate punishment?
(2) Did the prosecution improperly apportion the testimony of the accomplice witness against defendant?
(3) Was the defendant, under the uncontradicted evidence, entitled to a verdict of acquittal on a charge of receiving stolen property?
(4) Was the failure of the prosecution to establish that the defendant was one of several persons charged with the commission of the burglary a denial of due process?
This court has repeatedly held that multiple convictions of a single offense is prohibited. We said in Gilliam v. State, (1979) Ind., 389 N.E.2d 1112:
“The double jeopardy clauses of the Indiana and Federal constitutions prohibit multiple convictions and multiple punishments for the same offense. Brown v. Ohio, [432 U.S. 161, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977)]; Perry v. State, [Ind., 431 N.E.2d 137 (1982)].
Id. at 1117.
In footnote 7 of the opinion in Gilliam, supra, this court stated:
“Double jeopardy is, therefore, a violation of substantive due process and not a violation of the Equal Protection Clause of the Fourteenth Amendment. See North Carolina v. Pearce, 395 U.S. 711, 723 [89 S.Ct. 2072, 2079, 23 L.Ed.2d 656] (1969). We may not impose multiple punishments for the same offense without offending due process. United States v. Sisson, [399 U.S. 267, 90 S.Ct. 2117, 26 L.Ed.2d 608 (1970)]; Ex parte Lange, 18 Wall. 163, [85 U.S. 163, 21 L.Ed.
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