Townsend v. State

OPINION

MAY, Judge.

Earnest Townsend was convicted of unlawful possession of a firearm by a serious violent felon ("SVF"), a Class B felony 1 and found to be an habitual offender. 2 He asserts the trial court improperly used his 1989 conviction of battery as a Class C felony to support both the SVF conviction and the habitual offender finding.

We affirm.

FACTS AND PROCEDURAL HISTORY

Townsend was convicted of burglary, a Class C felony, on March 25, 1980 and battery, a Class C felony, on March 23, 1989. On July 31, 2001, while investigating another matter, Indianapolis police officers observed…