Indiana Supreme Court upholds decision on Elkhart manss case
Posted: 08/04/2012 at 1:15 am
By: Sharon Hernandez
Anthony Dye, who was originally sentenced to 35 years in prison will remain there, but for less time.
The Indiana Supreme Court vacated the decision from the Indiana Court of Appeals, which found the habitual offender enhancement of 30 years to be impermissible. However, the court affirmed his conviction of unlawful possession of a firearm by a serious violent felon and the sentence for that offense.
Dye, 42, admitted to being a serious violent felon in 2010, but went to trial for being accused of being a habitual offender. During trial the jury said that Dye was a habitual offender, which enhanced his sentence of 20 years to 50 with 15 years suspended and on probation.
The battle in court stemmed from an incident on March 18, 2007, when Dye received a call from his son, Jermain Jackson, saying a person who had robbed Dye months ago was at a music studio owned by Tyrus Coleman. Dye, armed with a gun, headed to the location his son had given. When Coleman saw Dye approaching him with a gun, he shot Dye in the head and the torso. Jackson, who was also armed, pointed his gun at Coleman, who in turn shot Jackson as well. Jackson died from his wounds.
Prior to that, Dye had a long criminal history, which involved him shooting at a police officer in 1998. The state, when accusing Dye of being a habitual offender, used the 1998 conviction for possession of a handgun within 1,000 feet of a school as well as a 1993 conviction for forgery.
The vote on the Indiana Supreme court was 2-1. Justice Mark Massa dissented on the ruling.