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STATE v. DOWNEY

No. 79S05-0106-CR-314.

770 N.E.2d 794 (2002)

STATE of Indiana, Appellant, v. Brian W. DOWNEY, Appellee.

Supreme Court of Indiana.

June 28, 2002.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Stephen R. Creason, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Bruce W. Graham, Trueblood & Graham, P.C., Attorney for Appellee.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

Although the general rule is that a sentence imposed following conviction under a progressive penalty statute may not be increased further under either the general habitual offender statute or a specialized habitual offender statute absent explicit legislative direction, we hold that the Legislature has directed that such an enhancement be permitted the circumstances of this case.

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