State of Indiana v. Frank Hancock

MATHIAS, Judge.

[1] Frank Hancock (“Hancock”) was charged with two counts of Level 4 felony possession of a firearm by a serious violent felon (“SVF”) in the Jéfferson Superior Court. However, the trial court determined that Hancock was not an SVF because his prior conviction for residential burglary in Ohio was not “substantially similar” to residential burglary in Indiana. The State of Indiana brings this interlocutory appeal and argues that the trial court erred when it determined that the elements of residential burglary in Ohio are not “substantially similar” to those in Indiana.

[2]. We…