Sec. 1. (a) As used in this chapter, "Level 6 felony
conviction" means:
(1) a conviction in Indiana for:
(A) a Class D felony, for a crime committed before July 1,
2014; or
(B) a Level 6 felony, for a crime committed after June 30, 2014;
and
(2) a conviction, in any other jurisdiction at any time, with respect
to which the convicted person might have been imprisoned for
more than one (1) year but less than two and one-half (2 1/2)
years.
However, the term does not include a conviction with respect to which
the person has been pardoned, or a conviction of a Class A
misdemeanor entered under IC 35-38-1-1.5 or section 7(c) or 7(d) of
this chapter.
(b) As used in this chapter, "felony conviction" means a conviction,
at any time, with respect to which the convicted person might have
been imprisoned for more than one (1) year. However, it does not
include a conviction with respect to which the person has been
pardoned, or a conviction of a Class A misdemeanor under section 7(c)
of this chapter.
(c) As used in this chapter, "minimum sentence" means:
(1) for murder, forty-five (45) years;
(2) for a Class A felony, for a crime committed before July 1,
2014, twenty (20) years;
(3) for a Class B felony, for a crime committed before July 1,
2014, six (6) years;
(4) for a Class C felony, for a crime committed before July 1,
2014, two (2) years;
(5) for a Class D felony, for a crime committed before July 1,
2014, one-half (1/2) year;
(6) for a Level 1 felony, for a crime committed after June 30,
2014, twenty (20) years;
(7) for a Level 2 felony, for a crime committed after June 30,
2014, ten (10) years;
(8) for a Level 3 felony, for a crime committed after June 30,
2014, three (3) years;
(9) for a Level 4 felony, for a crime committed after June 30,
2014, two (2) years;
(10) for a Level 5 felony, for a crime committed after June 30,
2014, one (1) year; and
(11) for a Level 6 felony, for a crime committed after June 30,
2014, one-half (1/2) year.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts
1977, P.L.340, SEC.114; P.L.334-1983, SEC.1; P.L.98-1988, SEC.8;
P.L.243-2001, SEC.2 and P.L.291-2001, SEC.225; P.L.69-2012,
SEC.5; P.L.158-2013, SEC.652; P.L.20-2018, SEC.1; P.L.142-2020,
SEC.84.
Notes of Decisions
Darryl Calvin v. State of Indiana, 87 N.E.3d 474 (Ind. 2017).
· cites it 8× “I.C. § 35-50-2-1(a) (2014). So Calvin contends that his two prior Illinois convictions are Level 6 felonies under subsection (a)(2) and thus cannot support his habitual-offender enhancement.”
Shepherd v. State, 924 N.E.2d 1274 (Ind. Ct. App. 2010).
· cites it 4× “at 17, citing Indiana Code Section 35-50-2-1(b), which provides, As used in this chapter, "felony conviction" means a conviction, in any jurisdiction at any time, with respect to which the convicted person might have been imprisoned for more than one (1) year.”
John Jay Lacey v. State of Indiana, 124 N.E.3d 1253 (Ind. Ct. App. 2019).
· cites it 6× “" I.C. § 35-50-2-1(a)(2) (2017). This court and our state Supreme Court have, since at least 1991, consistently interpreted the plain language of the latter statute as meaning "all non-Indiana felonies count as Level 6 felonies.”
Page v. State, 878 N.E.2d 404 (Ind. Ct. App. 2007).
· cites it 6× “See Ind.Code § 35-50-2-1 (1988). 7 This court held: In Hammons v.”
Collins v. State, 415 N.E.2d 46 (Ind. 1981).
· cites it 4× “Ind.Code § 35-50-2-1 (Burns 1979 Repl.) provides: “Definition.”
Hampton v. State, 921 N.E.2d 27 (Ind. Ct. App. 2010).
· cites it 4× “Also, Ind.Code § 35-50-2-1(c)(2) dictates that the phrase "minimum sentence" equals twenty years for class A felonies.”
McCollum v. State, 582 N.E.2d 804 (Ind. 1991).
· cites it 4× “Ind.Code § 35-50-2-1(b) (West Supp.1991).”
Collier v. State, 846 N.E.2d 340 (Ind. Ct. App. 2006).
· cites it 4× “See I.C. §§ 35-50-2-1(a), 35-50-2-4. By contrast, a person convicted of murder can be sentenced in a range of forty-five to sixty-five years, but a person convicted of attempted *352 murder can only be sentenced in the Class A felony range of twenty to fifty years.”
Dixon v. State, 437 N.E.2d 1318 (Ind. 1982).
· cites it 4× “We find that defendant's prior theft conviction was a `felony conviction' as defined in Ind. Code § 35-50-2-1 (Burns 1979 Repl.).”
Minneman v. State, 441 N.E.2d 673 (Ind. 1982).
· cites it 4× “We also fail to see how this instruction harmed Appellant since the language used is identical to Ind. Code § 35-50-2-1 (Burns Repl. 1979), which defines a "felony conviction.”
Otha S. Hamilton v. State of Indiana, 955 N.E.2d 723 (Ind. 2011).
· cites it 2× “See Ind. Code § 35-50-2-1 .3(a) (2008) (defining advisory sentence as “a guideline sentence that the court may voluntarily consider as the midpoint between the maximum sentence and the minimum sentence”).”
— Ind. Code § 35-50-2-1(a) — 5 cases
Darryl Calvin v. State of Indiana, 87 N.E.3d 474 (Ind. 2017).
“I.C. § 35-50-2-1(a) (2014). So Calvin contends that his two prior Illinois convictions are Level 6 felonies under subsection (a)(2) and thus cannot support his habitual-offender enhancement.”
Collier v. State, 846 N.E.2d 340 (Ind. Ct. App. 2006).
“See I.C. §§ 35-50-2-1(a), 35-50-2-4. By contrast, a person convicted of murder can be sentenced in a range of forty-five to sixty-five years, but a person convicted of attempted *352 murder can only be sentenced in the Class A felony range of twenty to fifty years.”
— Ind. Code § 35-50-2-1(a)(2) — 3 cases
John Jay Lacey v. State of Indiana, 124 N.E.3d 1253 (Ind. Ct. App. 2019).
“" I.C. § 35-50-2-1(a)(2) (2017). This court and our state Supreme Court have, since at least 1991, consistently interpreted the plain language of the latter statute as meaning "all non-Indiana felonies count as Level 6 felonies.”
Darryl Calvin v. State of Indiana, 87 N.E.3d 474 (Ind. 2017).
“I.C. § 35-50-2-1(a) (2014). So Calvin contends that his two prior Illinois convictions are Level 6 felonies under subsection (a)(2) and thus cannot support his habitual-offender enhancement.”
— Ind. Code § 35-50-2-1(b) — 10 cases
Shepherd v. State, 924 N.E.2d 1274 (Ind. Ct. App. 2010).
“at 17, citing Indiana Code Section 35-50-2-1(b), which provides, As used in this chapter, "felony conviction" means a conviction, in any jurisdiction at any time, with respect to which the convicted person might have been imprisoned for more than one (1) year.”
McCollum v. State, 582 N.E.2d 804 (Ind. 1991).
“Ind.Code § 35-50-2-1(b) (West Supp.1991).”
Darryl Calvin v. State of Indiana, 87 N.E.3d 474 (Ind. 2017).
“I.C. § 35-50-2-1(a) (2014). So Calvin contends that his two prior Illinois convictions are Level 6 felonies under subsection (a)(2) and thus cannot support his habitual-offender enhancement.”
— Ind. Code § 35-50-2-1(c) — 2 cases
— Ind. Code § 35-50-2-1(c)(2) — 1 case
Hampton v. State, 921 N.E.2d 27 (Ind. Ct. App. 2010).
“Also, Ind.Code § 35-50-2-1(c)(2) dictates that the phrase "minimum sentence" equals twenty years for class A felonies.”
— Ind. Code § 35-50-2-1(c)(8) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.