Monticello, IN asked in Criminal Law and Appeals / Appellate Law for Indiana

Q: I am curious about double sentence enhancements.

My boyfriend was arrested for driving without a license and possession of paraphernalia. Both misdemeanor charges. After a week in county jail they added the charge of maintaining a common nuisance, a felony. Once he was sentenced they also enhanced his sentence by adding a habitual offender charge. Was he wrongly sentenced after 2 enhancements? Can he withdraw his guilty plea and appeal the sentencing??

1 Lawyer Answer
Andrew L. Bennett
Andrew L. Bennett
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: Adding the charge of Maintaining a Common Nuisance is not an enhancement but another charge in of itself. The habitual offender charge is an enhancement of the new felony charge. It is can be technical so to say it was correctly done would require more information. He should consult a local attorney to see if a Post Conviction Remedy can be filed.

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