In re the Application by Novak

HENDERSON, Justice.

CASE SUMMARY

We hold that SDCL 22-14-15,1 set forth in extenso below, establishes a substantive offense (felon previously convicted of a crime of violence who has a firearm in his possession or in his control is guilty of a Class 6 felony) and that sentencing upon conviction under that statute may be enhanced through SDCL 22-7-7.2

*531PROCEDURAL HISTORY/LEGAL CONTENTIONS

This is a habeas corpus appeal. Petitioner/Appellant Robert Novak (Novak) was convicted, by a Minnehaha County jury, of one count of possession of a firearm by one convicted of a prior violent crime (SDCL…