Indiana Supreme Court

Marquell M. Jackson, Appellant (defendant) v. State of Indiana, Appellee (plaintiff).

August 24, 2018105 N.E.3d 1081

Summary

The Indiana Supreme Court held that when a criminal gang enhancement is vacated on remand, the trial court must resentence the defendant on each underlying felony, because the enhancement increases the punishment for all those felonies. The court interpreted the enhancement statute using the plain‑meaning rule and affirmed the Court of Appeals on other issues while remanding for resentencing.