Kevin Moss v. State of Indiana

OPINION

DARDEN, Senior Judge.

STATEMENT OF THE CASE

In this discretionary interlocutory appeal, Kevin Moss challenges the trial court’s denial of his motion to dismiss. We reverse and remand.

ISSUE

Moss raises one issue, which we restate as: whether the trial court erred in denying his motion to dismiss the enhancement to a class C felony of his charge of class A misdemeanor possession of a handgun without a license due to a prior felony conviction that was later modified to a misdemeanor.

FACTS AND PROCEDURAL HISTORY

In July 2012, Moss and the State signed a formal plea agreement in Lower Cause…