Matthew L. Johnson v. State of Indiana

On Petition to Transfer from the Indiana Court of Appeals, No. 32A05-1604-CR-703

Massa, Justice.

The legislature’s view of habitual offenders has changed over time, from statutory versions strict to those more flexible. In this case, the Court is asked to interpret the habitual offender statute in one of its recently amended forms, Indiana Code section 35—50—2—8(d) (Supp. 2015). Matthew Johnson objected to the State’s habitual offender allegations, claiming each lower-level felony used for habitual offender purposes must meet the statute’s ten-year requirement. We agree, anc) reverse the trial…