Devante Shakur Foster v. State of Indiana

── Devante Shakur Foster v. State of Indiana ── Court: Indiana Court of Appeals Date: May 29, 2026 Author: Mary DeBoer Category: General FILED May 29 2026, 9:22 am CLERK Indiana Supreme Court Court of Appeals and Tax Court IN THE Court of Appeals of Indiana Devante Shakur Foster, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff May 29, 2026 Court of Appeals Case No. 25A-CR-325 Appeal from the Marion Superior Court The Honorable Angela Dow Davis, Judge Trial Court Cause No. 49D27-2112-F3-38841 Opinion by Chief Judge Tavitas Judges Kenworthy and DeBoer concur. Court of Appeals of Indiana | Opinion 25A-CR-325 | May 29, 2026 Page 1 of 29  Tavitas, Chief Judge. Case Summary [1] Following a three-day jury trial, Devante Foster was convicted of two counts of armed robbery, Level 3 felonies; kidnapping, a Level 3 felony; criminal confinement, a Level 3 felony; and theft, a Level 5 felony, arising from the armed robberies of two armored vehicles on December 15 and 16, 2021. Foster appeals. We affirm in part, reverse in part, and remand. 1 Issues [2] Foster raises four issues, 2 which we consolidate and restate as three dispositive issues: I. Whether the State’s remarks during closing argument constituted prosecutorial misconduct that resulted in fundamental error. II. Whether the trial court violated Foster’s constitutional rights to present a defense and to confront his accuser by limiting his cross-examination of a witness. 1 We held oral argument in this matter on April 28, 2026, at the Indiana Historical Society. We thank the Indiana Historical Society for its hospitality and counsel for their presentations. 2 We need not address Foster’s sufficiency-of-the-evidence argument regarding the kidnapping conviction because we vacate that conviction on substantive double jeopardy grounds. Court of Appeals of Indiana | Opinion 25A-CR-325 | May 29, 2026 Page 2 of 29  III. Whether Foster’s convictions for theft, kidnapping, criminal confinement, and armed robbery violate the substantive bar to double jeopardy. Facts [3] On December 15, 2021, Domonique Wilson and Tonya Stowers worked a two- person route for Loomis Armored Services in Indianapolis, making stops at a Kroger and a Dollar General. Wilson’s assignment at the Dollar General was to service an ATM machine. After placing cash into the machine, Wilson exited the store carrying an empty courier bag. [4] As Wilson walked back toward the armored vehicle, two armed men exited a white Chevrolet truck, which had positioned itself behind the Loomis vehicle. The men wore ski masks and gloves, ran toward Wilson, and pointed handguns at him. The two armed men grabbed Wilson’s empty courier bag. They then seized Wilson by his hair, dragged him approximately ten feet to the rear of the armo