Darryl Calvin v. State of Indiana

On Petition to Transfer from the Indiana Court of Appeals, No. 02A03-1701-CR-93

Rush, Chief Justice.

Indiana’s habitual-offender statutes count, all prior non-Indiana felonies- as Level 6 felonies and do not allow a habitual-offender finding based only on two Level 6 felonies. Relying-on these statutes, Calvin argues that' his two prior Illinois felonies are insufficient to support his habitual-offender enhancement. The State responds that this result is absurd, so we should graft new language onto the statutes.

We reject the State’s invitation. The habitual-offender statutes’ plain meaning,…