State v. Downey

ON PETITION TO TRANSFER

SULLIVAN, Justice.

Although the general rule is that a sentence imposed following conviction under a progressive penalty statute may not be increased further under either the general habitual offender statute or a specialized habitual offender statute absent explicit legislative direction, we hold that the Legislature has directed that such an enhancement be permitted the circumstances of this case.

Background

Defendant was charged on December 6, 1999, with possession of marijuana, a Class A misdemeanor, 1 possession of marijuana while having a prior conviction, a Class D…