Legal Opinion

State v. Jones

Indiana Supreme Court

Decided October 13, 2005No. 48S02-0510-PC-472PublishedCited by 5 opinions

1Opinion of the Court

SHEPARD, Chief Justice.. Petitioner David Leon Jones challenges a habitual offender enhancement based upon a handgun charge that was enhanced to a felony in the same proceeding. According to our decision in Ross v. State, 729 N.E.2d 113 (Ind.2000), the habitual enhancement cannot be used for this purpose. We remand to the trial court to consider whether 'the habitual may be "repositioned" to one of the other felonies that petitioner was convicted of in the same proceeding. ~

Facts and Procedural History

On March 11, 1999 a police officer stopped petitioner David Jones after observing him…

2Cases cited6 opinions

  1. Greer v. StateIndiana Supreme Court · 1997
  2. Ross v. StateIndiana Supreme Court · 2000
  3. Jacobs v. StateIndiana Supreme Court · 2005
  4. Williams v. StateIndiana Court of Appeals · 2001
  5. State v. JonesIndiana Court of Appeals · 2004

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Jallali v. National Board of Osteopathic Medical Examiners, Inc.Indiana Court of Appeals · 2009
  2. Creekmore v. StateIndiana Court of Appeals · 2006
  3. John A. Dugan v. State of IndianaIndiana Court of Appeals · 2012
  4. James Q. Bryant v. State of IndianaIndiana Court of Appeals · 2013
  5. Jimmy D. Jones v. State of IndianaIndiana Court of Appeals · 2013

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