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ATTORNEYS FOR APPELLANT Susan K. Carpenter Public Defender of Indiana Hope Fey Deputy Public Defender Indianapolis, Indiana

ATTORNEYS FOR APPELLEE Steve Carter Attorney General of Indiana Cynthia L. Ploughe Deputy Attorney General Indianapolis, Indiana

In the

Indiana Supreme Court
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No. 49S02-0510-PC-471 ANTHONY JACOBS, Appellant (Petitioner below), v. STATE OF INDIANA, Appellee (Respondent below). _________________________________ Appeal from the Marion Superior Court, No. 49G01-9609-PC-150138 The Honorable Tanya Walton Pratt, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0305-PC-402

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October 13, 2005 Shepard, Chief Justice. In 2000, this Court held that a misdemeanor handgun charge enhanced to a felony could not be further enhanced by use of the general habitual offender statute. Ross v. State, 729 N.E.2d 113, 116-17 (Ind. 2000). We now consider whether persons whose cases were resolved prior to that holding are entitled to its benefit retroactively in post-conviction proceedings. We conclude that they are.

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Facts and Procedural History

In 1996, Anthony Jacobs led Indianapolis Police Department Sergeant Dennis Riley on a brief car chase followed by a foot pursuit. During the foot pursuit Jacobs threw away a semiautomatic pistol and a holster into a nearby wooded area, where police later recovered them.

The State initially charged Jacobs in two counts. In count one, it alleged carrying a handgun without a license, ordinarily a misdemeanor, and requested that the crime be elevated to a class C felony. Count two alleged resisting law enforcement. The State later charged Jacobs under the general habitual offender statute. Ind. Code

Download Anthony Jacobs v. State of Indiana.pdf

Indiana Law