Devore v. State

oN PETITION TO TRANSFER

I believe the majority misreads legislative intent when it holds that a conviction for operating while intoxicated as a Class D felony cannot be enhanced under the habitual substance offender statute. Indeed, we held that such "sentences are permitted under the pertinent statutes" in Smith v. State (1989), Ind., 547 N.E.2d 845, 846.

I find the situation that gave rise to our opinion in Stanek v. State (1992), Ind., 603 N.E.2d 152, to be entirely different. There, the trial court sought to impose a habitual offender enhancement under the general habitual offender statute,…