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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: KEVIN WILD Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana CYNTHIA L. PLOUGHE Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ANTHONY TAYLOR, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A04-0705-CR-283

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Grant Hawkins, Judge Cause No. 49G05-0608-FB-146891

December 27, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Anthony Taylor appeals the trial court's habitual offender finding and sentence. Taylor raises two issues, which we consolidate and restate as whether the trial court erred by ordering an enhanced sentence under the general habitual offender statute by proof of the same felony used to establish that he was a serious violent felon. We reverse and remand. In August 2006, the State charged Taylor with several offenses, including unlawful possession of a firearm by a serious violent felon as a class B felony1 and unlawful possession of body armor as a class D felony.2 Specifically, the State alleged: COUNT I [Taylor], being a serious violent felon, that is: having been convicted of Rape, a class B felony . . . on March 13, 1991, did, on or about August 8, 2006, knowingly or intentionally possess a firearm, that is: a handgun[.] ***** COUNT II [Taylor], on or about August 8, 2006, did knowingly or intentionally use body armor while committing a felony, that is: Unlawfully Possessing a Firearm as a Serious Violent Felon. Appellant's Appendix at 23, 25. The State also alleged that Taylor was an habitual offender3 based upon the 1991 rape conviction and a 1989 conviction for carrying a handgun without a license as a class D felony. On April 12, 2007, the trial court found Taylor guilty of Count I and Count II and found him to be an habitual offender.

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Ind. Code

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