Jones v. State

I dissent to Issue One and concur in the remaining issues.

Jones was prosecuted under the wrong habitual offender statute.

Since the prior felonies were committed prior to September 1, 1985, IND.CODE § 35-50-2-7.1 (1988 Ed.) does not apply in this case. Moncrief v. State (1988), Ind.App., 525 N.E.2d 1286.

This case should be remanded for new sentencing.