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STATE v. DENNIS

No. 49A02-9706-CR-349.

686 N.E.2d 901 (1997)

STATE of Indiana, Appellant-Plaintiff, v. Roy DENNIS, Appellee-Defendant.

Court of Appeals of Indiana.

October 28, 1997.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General, Suzann Weber Lupton, Deputy Attorney General, Indianapolis, for Appellant-Plaintiff.

Annette K. Fancher, Marion County Public Defender, Indianapolis, for Appellee-Defendant.

OPINION

KIRSCH, Judge.

The State raises the following issue on interlocutory appeal: whether the use of Dennis' prior prostitution convictions to elevate the instant prostitution charge to a Class D felony and at the same time establish him as an habitual offender functioned as an improper double enhancement.

We reverse.

FACTS AND PROCEDURAL HISTORY

Dennis was convicted of prostitution on November 12, 1992 and on July 23, 1996....

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