State v. Dennis

OPINION

KIRSCH, Judge.

The State raises the following issue on interlocutory appeal: whether the use of Dennis’ prior prostitution convictions to elevate the instant prostitution charge to a Class D felony and at the same time establish him as an habitual offender functioned as an improper double enhancement.

We reverse.

FACTS AND PROCEDURAL HISTORY

Dennis was convicted of prostitution on November 12, 1992 and on July 23, 1996. Both convictions were Class D felonies because Dennis had two prior misdemeanor convictions. On January 21, 1997, the State charged Dennis with prostitution, as a Class D…