Tyler Dale Knutson v. State of Indiana

Vaidik, Chief Judge.

Case Summary

[1] In this interlocutory appeal, Tyler Dale Knutson challenges the trial court's denial of his motion to dismiss his charge for Level 5 felony unlawful possession of a syringe. Because we conclude that the offense of unlawful possession of a syringe cannot be enhanced to a Level 5 felony based on a prior conviction pursuant to Indiana Code section 16-42-19-27 and can only be charged as a Level 6 felony, we reverse the trial court's denial of Knutson's motion to dismiss and order the court to dismiss the Level 5 felony enhancement.

Facts and Procedural History

[2]…