State v. Hancock
Annotate this CaseThe State charged Defendant with two counts of unlawful possession of a firearm by a serious violent felon (SVF) and several other offenses. The SVF charges were based on the State’s allegation that Defendant had previously been convicted of second degree burglary in Ohio. After the trial court concluded that the Ohio statute and Indiana statutes on burglary were not substantially similar in regard to the elements of the offense, the trial court dismissed the two counts charging Defendant as an SVF. Thereafter, the State moved for mistrial on grounds it believed Defendant could not receive a fair trial because during voir dire the State had referred to the now-dismissed SVF courts. The trial court granted the motion. The State subsequently appealed the dismissal of the SVF counts. The court of appeals affirmed. The Supreme Court granted transfer and reversed the trial court, holding that the elements of Ohio’s second degree felony burglary statute are substantially similar to the corollary elements of Indiana’s level four felony burglary state, and therefore, the trial court erred in dismissing the informations charging Defendant as a serious violent felon.
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