Darryl Shepherd v. State of Indiana

OPINION ON REHEARING

NAJAM, Judge.

On July 8, 2012, we affirmed Shepherd’s conviction for unlawful possession of a firearm by a serious violent felon (“SVF”) and his sentence as an habitual offender in a memorandum decision. On July 31, 2012, the Indiana Supreme Court, in Dye v. State, held that an SVF cannot have his sentence enhanced under the general habitual offender statute. Dye v. State, 972 N.E.2d 853, 855, 858 (Ind.2012). On August 2, 2012, Shepherd filed a petition for rehearing in which he asserted, among other things, 1 that the holding in Dye applied retroactively to his appeal. On…