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TOWNSEND v. STATE

No. 49A04-0207-CR-341.

793 N.E.2d 1092 (2003)

Earnest TOWNSEND, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 20, 2003.

Attorney(s) appearing for the Case

Ellen M. O'Connor, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MAY, Judge.

Earnest Townsend was convicted of unlawful possession of a firearm by a serious violent felon ("SVF"), a Class B felony1 and found to be an habitual offender.2 He asserts the trial court improperly used his 1989 conviction of battery as a Class C felony to support both the SVF conviction and the habitual offender finding.

We affirm.

FACTS AND PROCEDURAL HISTORY...

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