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STATE v. CARTER

No. 1-381A88.

424 N.E.2d 158 (1981)

STATE of Indiana, Appellant (Plaintiff below), v. David E. CARTER, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

Rehearing Denied September 11, 1981.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Palmer K. Ward, Deputy Atty. Gen., Indianapolis, for appellant.

Robert F. Hellmann, Jessie A. Cook, Terre Haute, for appellee.

ROBERTSON, Judge.

The State of Indiana (State) appeals the dismissal of two of three counts of an information filed against David E. Carter (Carter). In the first count, the State charged Carter with operation of a vehicle while intoxicated and in the third count, the State sought to raise the offense from a misdemeanor to a felony because Carter had a previous conviction. The second count was not dismissed.

We reverse and remand.

Carter moved to dismiss...

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