Dye v. StateAnnotate this Case
The State charged Defendant with unlawful possession of a firearm by a serious violent felon (SVF) and sought to have Defendant's sentence enhanced under the general habitual offender statute. Defendant pled guilty to the SVF charge, and the case proceeded to trial on the habitual offender allegation. The jury found Defendant was a habitual offender, and the trial court sentenced Defendant accordingly. The court of appeals affirmed. The Supreme Court granted transfer and vacated the thirty-year enhancement the trial court had imposed under the general habitual offender statute, concluding that it constituted an impermissible double enhancement because "a double enhancement is improper where the underlying conviction is for unlawful possession of a firearm by an SVF." The Court subsequently granted rehearing and again affirmed that a person convicted of unlawful possession of a firearm by a serious violent felon may not have his or her sentence enhanced under the general habitual offender statute by proof of the same felony used to establish that the person was a serious violent felon.