Anthony H. Dye v. State of Indiana

As I read it, the serious violent felon statute is not a progressive penalty statute and therefore is not subject to the general prohibition against double enhancement. Even assuming it was, though, I believe Indiana’s General Assembly has provided sufficient guidance that a habitual offender sentencing enhancement is permissible.

These reasons are explained in greater detail below, and lead me to respectfully dissent.

I. The Serious Violent Felon Statute Is Not a Progressive Penalty Statute

First, I disagree with this Court’s prior determination that Indiana Code § 35-47-4-5 (the “SVF…