concurring in part and dissenting in part.
I fully concur with respect to Parts I, II, IV, and V. However, I dissent with respect to Part III.
In my view, Freeman v. State (1995) Ind., 658 N.E.2d 68, and Devore v. State (1995) Ind., 657 N.E.2d 740, remain viable as controlling authority, notwithstanding the 1996 amendment of I.C. 35-50-2-10. See also Morphew v. State (1996) Ind.App., 672 N.E.2d 461. By adding offenses under IC. 9-30-5, embracing all of the numerous offenses set forth in that Chapter, I.C. 35-50-2-10 was made broader not more specific. The statutory scheme reflected by I.C. 9-30-5 remains the more specific of the two. Furthermore, if one focuses upon I.C. 9-30-5-3, with which we are here concerned, it is apparent that the “previous conviction” component renders that particular provision even more specific and detailed with regard to the overall statutory scheme for punishment.
For this reason, I would reverse the habitual substance offender enhancement and remand for modification of the sentence to reflect only the sentence of two years, with one year suspended, for the Class D felony.