ILNews

Supreme Court knocks down habitual-offender enhancement

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court found a habitual-offender enhancement tacked onto the 20-year sentence of a serious violent felon was an “impermissible double enhancement.”

Anthony H. Dye was convicted of unlawful possession of a firearm by a serious violent felon and found to be a habitual offender after a shootout at a music studio in Elkhart on March 18, 2007. During the incident, Dye was shot twice and his 20-year-old son, Jermaine Jackson, was killed.

The state subsequently charged Dye in Elkhart Superior Court with one count of unlawful possession of a firearm by a SVF.

In addition, the state sought to have Dye’s sentence enhanced under the habitual-offender statute which provides that the sentence of a person convicted of a felony can be enhanced up to 30 years if he or she previously has been convicted of two unrelated felonies. To prove Dye’s habitual-offender status, the state used a 1998 conviction for possession of a handgun within 1,000 feet of a school and a 1993 forgery conviction.

Dye pleaded guilty to unlawful possession of a firearm by a SVF. However, he filed a motion to dismiss the habitual-offender allegation, arguing that enhancing his sentence under the habitual-offender statute would constitute an impermissible double enhancement.

Denying the motion, the trial court moved forward with a jury trial on the habitual-offender allegation. After a two-day trial, the jury found that Dye was a habitual offender. The trial court sentenced him to the maximum 20 years imprisonment on the SVF conviction, enhanced by 30 years due to his status as a habitual offender. Then the court suspended 15 years to probation, for an executed term of 35 years.

The Supreme Court found Dye’s habitual-offender enhancement violated the rule against double enhancements for two reasons. First, the SVF statute Dye was convicted under is a progressive-penalty statute. Second, the general habitual-offender statute does not include “explicit legislative direction indicating that a double enhancement is proper here.”   

Finding that the trial court erred in denying Dye’s motion, the Supreme Court vacated the 30-year enhancement. Also, the Supreme Court summarily affirmed the decision of the Court of Appeals that an executed term of 20 years imprisonment is not inappropriate. It remanded to the trial court with instructions to enter an order sentencing Dye to an executed term of 20 years.

Justice Mark Massa dissented, writing, "The courts of this state communicated to the General Assembly what was, and was not, permissible with respect to double enhancements. Several times, the General Assembly has responded. I believe their 2001 response amending the habitual offender statute shows first that the SVF statute is not a progressive penalty statute, and second that, even if the SVF statute were still subject to the general rule against double enhancement, there is explicit legislative direction permitting an adjudicated serious violent felon to be subject to additional enhancement under the general habitual offender statute."



ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Nice work, Courtney!

  2. The O'Banions also sued Ford claiming the Roush vehicle's throttle cable was defective and stuck, and did not present evidence or argue to the contrary at trial. The proceedings were delayed by an appeal on the admissibility of expert testimony in which O' Banions also joined with the Roush Estate.

  3. AP writes "The justices will hear the appeal of the Colorado baker that pits his claims of religious freedom against the rights of the same-sex couple who wanted a wedding cake to commemorate their marriage." HOW ABOUT IF THIS WERE THIS ISSUE: "The justices will hear the appeal of the Colorado Jewish videographer that pits his claims of religious freedom against the rights of the Holocaust deniers who wanted to hire his photography studio to shoot their documentary debunking the six-million-cremated-theory ..." Would anyone doubt that the Jewish fellow's rights triumphed? Or how about "The justices will hear the appeal of the Colorado black carpenter that pits his claims of religious freedom against the rights of a white supremacist who wants a gallows built on his property to stage the mock hanging of former president Obama." Hey, would anyone doubt that the Black fellow's rights to contract triumphed? BUT ... make the "villain" in the story Christian conservatives (insert two minute hate here) and the victims gay (so cute they are), and it is bar the door Katie, for Big Brother's judicial stormtroopers simply must weigh in to wash clean the minds of any who would DARE to dissent from the elists' mandated spiritus mundi.

  4. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  5. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

ADVERTISEMENT