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SHEPHERD v. STATE

No. 49A05-1111-CR-600.

985 N.E.2d 362 (2013)

Darryl SHEPHERD, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 8, 2013.

Attorney(s) appearing for the Case

Valerie K. Boots , Marion County Public Defender, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Eric P. Babbs , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION ON REHEARING

NAJAM, Judge.

On July 3, 2012, we affirmed Shepherd's conviction for unlawful possession of a firearm by a serious violent felon ("SVF") and his sentence as an habitual offender in a memorandum decision. On July 31, 2012, the Indiana Supreme Court, in Dye v. State, held that an SVF cannot have his sentence enhanced under the general habitual offender statute. Dye v. State, 972 N.E.2d 853

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