Ross v. State

SHEPARD, Chief Justice.

Appellant Eric Alan Ross was convicted of a misdemeanor violation of Indiana’s handgun statute. 1 Because Ross had an earlier felony conviction, the present conviction was enhanced to a class C felony. 2 The court also found that Ross was an habitual offender and added a penalty under the general habitual offender statute. 3

Ross asserts it was improper to sentence him under two different sentence enhancement schemes. We agree.

I. Statement of Facts

On, April 12, 1997, armed with a .22 caliber pistol, Ross attacked his ex-girlfriend in an Evansville parking lot. The State…