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STATE v. JONES

No. 48A02-0308-PC-723.

805 N.E.2d 469 (2004)

STATE of Indiana, Appellant-Respondent, v. David Leon JONES, Appellee-Petitioner.

Court of Appeals of Indiana.

March 30, 2004.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Christopher L. Lafuse, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Susan K. Carpenter, Public Defender of Indiana, Anne-Marie Alward, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

David Jones ("Jones") was granted post-conviction relief in Madison Superior Court. The State appeals, presenting the following dispositive issues for review:

I. Whether a jury instruction created a mandatory presumption entitling Jones to post-conviction relief; and

II. Whether Jones' sentencing enhancements are subject to the double enhancement prohibition of

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