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DYE v. STATE

No. 20S04-1201-CR-5.

972 N.E.2d 853 (2012)

Anthony H. DYE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

July 31, 2012.

Attorney(s) appearing for the Case

Kenneth R. Martin , Goshen, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Ian McLean , Michael Gene Worden , Deputy Attorneys General, Indianapolis, IN, Attorneys for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 20A04-1011-CR-728

SULLIVAN, Justice.

Anthony Dye was convicted of unlawful possession of a firearm by a serious violent felon ("SVF") and found to be a habitual offender. We hold that this constituted an impermissible double enhancement and therefore vacate the habitual-offender enhancement. We affirm his conviction of unlawful possession of a firearm by an SVF and his sentence for that offense...

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