Jacobs v. State

SHEPARD, Chief Justice.

In 2000, this Court held that a misdemeanor handgun charge enhanced to a felony could not be further enhanced by use of the general habitual offender statute. Ross v. State, 729 N.E.2d 113, 116-17 (Ind.2000). We now consider whether persons whose cases were resolved prior to that holding are entitled to its benefit retroactively in post-conviction proceedings. We conclude that they are.

Facts and Procedural History

In 1996, Anthony Jacobs led Indianapolis Police Department Sergeant Dennis Riley on a brief car chase followed by a foot pursuit. During the foot pursuit…