Matthew L. Johnson v. State of Indiana

New legislation limits the use of lower-level felony convictions in determining whether a new crime can be sentenced under the habitual offender scheme. We apply our best reading of these recent amendments to the case of appellant Matthew L. Johnson.

Facts and Procedural History

Johnson brings this interlocutory appeal from the trial court’s order denying his objection to habitual felony offender enhancement charges. The State has charged Johnson under two cause numbers. One case alleges seven felonies that range from Level 2 to Level 6. The other alleges three felonies, ranging from Level 4 to…