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Appeals court rehearing affirms serious violent felon conviction

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An Indiana Supreme Court ruling that a conviction of possession of a firearm by a serious violent felon cannot have a sentence enhanced under the habitual offender statute does not apply when the enhancement came for a separate conviction, the Indiana Court of Appeals held Monday.

In  Darryl Shepherd v. State of Indiana, 49A05-1111-CR-600, the court on rehearing affirmed its prior decision on Shepherd’s conviction of possession of a firearm by a serious violent felon.

The court held its petition for rehearing in abeyance until the Indiana Supreme Court ruled in Dye v. State, 972 N.E.2d 853, 855, 858 (Ind. 2012). The justices determined in Dye that the SVF conviction is impermissible only when the same underlying offense or chain of offenses is used to establish the SVF and the habitual offender status.

Shepherd also raises the issue for the first time on appeal, Judge Edward Najam wrote for the panel, thus waiving it.

“Shepherd’s waiver notwithstanding, our review of the record available on direct appeal demonstrates that his SVF status was based on a 1993 conviction for dealing in cocaine, as a Class B felony, while his habitual offender enhancement was based on a 1991 Class C felony conviction for battery and a 2008 Class D felony conviction for intimidation,” Najam wrote. “There is no reason for this court to believe that any one of those three underlying felonies is in any way related to another. Accordingly, we grant Shepherd’s petition for rehearing and affirm our prior decision.”


 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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