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Darryl L. Calvin v. State of Indiana (mem. dec.)
2017 Ind. App. LEXIS 304
| Ind. Ct. App. | 2017
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Background

  • Darryl L. Calvin was charged with Level 4 felony burglary in Indiana based on an April 2016 offense; jury found him guilty.
  • The State filed notice seeking habitual-offender enhancement, alleging two prior Illinois Class 1 residential burglary convictions (1992 and 1999).
  • At the bifurcated habitual-offender hearing, State proved Calvin received multi-year prison terms for those Illinois convictions (13 years and 28 years).
  • Trial court found Calvin an habitual offender and imposed a 10-year enhancement, for an aggregate 16-year sentence.
  • Calvin appealed, arguing the State failed to prove that at least one prior felony was not merely the equivalent of an Indiana Level 6 felony or Class D felony.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the State proved beyond a reasonable doubt that at least one prior out-of-state felony is not equivalent to Indiana Level 6/Class D for habitual-offender purposes State: Illinois Class 1 residential burglary has elements and sentencing more closely equivalent to Indiana Level 4, so it qualifies as "not a Level 6/Class D" Calvin: Showing prior imprisonment >1 year only proves the convictions are Level 6 equivalents, so State failed to meet the statutory requirement that at least one prior be more serious Court: Compare elements and sentencing — Illinois Class 1 residential burglary is equivalent to a higher-level felony (comparable to Indiana Level 4); State met its burden; habitual enhancement affirmed

Key Cases Cited

  • Knight v. State, 42 N.E.3d 990 (Ind. Ct. App. 2015) (standard of review for sufficiency of evidence in criminal cases)
  • Glotzbach v. State, 783 N.E.2d 1221 (Ind. Ct. App. 2003) (statutory interpretation should avoid absurd results)
Read the full case

Case Details

Case Name: Darryl L. Calvin v. State of Indiana (mem. dec.)
Court Name: Indiana Court of Appeals
Date Published: Jun 27, 2017
Citation: 2017 Ind. App. LEXIS 304
Docket Number: Court of Appeals Case 02A03-1701-CR-93
Court Abbreviation: Ind. Ct. App.