Jackson v. State
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At issue was what, if any, ability a trial court has to resentence a criminal defendant on felonies underlying a criminal gang enhancement, see Ind. Code 35-50-2-15, when an appellate court has reversed that enhancement and remanded to the trial court.
Defendant was found guilty by a jury of committing several criminal offenses in connection with a criminal gang. In applying the criminal gang enhancement statute, the trial court increased Defendant’s overall sentence by thirty years. The Court of Appeals reversed the enhancement. The State and Defendant disputed here the extent of the trial court’s sentencing authority on remand. The Supreme Court held that the criminal gang enhancement statute unambiguously increases the punishment for all the felonies that underlie the enhancement and that vacating such an enhancement disturbs the punishment originally imposed. Therefore, when an appellate court reverses a criminal gang enhancement, on remand, the trial court must resentence a defendant on all surviving underlying felonies.
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