Legal Opinion

Sweatt v. State

Indiana Supreme Court

Decided May 22, 2008No. 49S02-0805-CR-290PublishedCited by 16 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

Michael Sweatt appeals from convictions for possession of a handgun by a serious violent felon and burglary. He argues that the trial court erred by enhancing his sentence for burglary under the general habitual offender statute based on the same prior felony conviction supporting the serious violent felon count. While we conclude that the enhancements themselves were proper, it nonetheless constituted error to order Sweatt’s sentences to run consecutively, creating a double enhancement similar to the one we disapproved in Mills v. State.

Facts and Procedural History

Late…

2Cases cited8 opinions

  1. Mills v. StateIndiana Supreme Court · 2007
  2. Starks v. StateIndiana Supreme Court · 1988
  3. Conrad v. StateIndiana Court of Appeals · 2001
  4. Pedraza v. StateIndiana Supreme Court · 2008
  5. State v. DowneyIndiana Supreme Court · 2002

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Pedraza v. StateIndiana Supreme Court · 2008
  2. Steelman v. StateIndiana Supreme Court · 1985
  3. Stokes v. StateIndiana Court of Appeals · 2011
  4. Paul M. Brock v. State of IndianaIndiana Court of Appeals · 2013
  5. Graham v. StateIndiana Court of Appeals · 2009

11 more not listed; retrieve them via the Exa API.

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