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STATE v. JONES

No. 48S02-0510-PC-472.

835 N.E.2d 1002 (2005)

STATE of Indiana, Appellant (Respondent below), v. David Leon JONES, Appellee (Petitioner below).

Supreme Court of Indiana.

October 13, 2005.

Attorney(s) appearing for the Case

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

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

SHEPARD, Chief Justice.

Petitioner David Leon Jones challenges a habitual offender enhancement based upon a handgun charge that was enhanced to a felony in the same proceeding. According to our decision in Ross v. State, 729 N.E.2d 113 (Ind.2000), the habitual enhancement cannot be used for this purpose. We remand to the trial court to consider whether the habitual may be "repositioned" to one of the other felonies that petitioner...

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