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OLLER v. STATE

No. 3-184A22.

472 N.E.2d 610 (1984)

Rodney OLLER, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Third District.

December 17, 1984.

Attorney(s) appearing for the Case

John M. Kopack, Gilyan, Hanson & Kopack, Merrillville, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.

OPINION ON PETITION FOR REHEARING

HOFFMAN, Judge.

In its Petition for Rehearing, the State, for the first time, raises the argument that IND. CODE § 9-11-4-14(b)(1), effective September 1, 1983, requires this Court to affirm Oller's conviction of Class D felony driving under the influence of intoxicating liquor. The felony charge was pursuant to IND. CODE § 9-4-1-54(b)1 which enhances a Class A misdemeanor charge to...

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