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SMITH v. STATE

No. 09A02-8601-CR-38.

502 N.E.2d 122 (1986)

Mikel L. SMITH, Appellant (Defendant below), v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied January 30, 1987.

Attorney(s) appearing for the Case

Kelly Leeman, Kelly Leeman & Associates, Logansport, for appellant.

Linley E. Pearson, Atty. Gen. Jay Rodia, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee.

SULLIVAN, Judge.

Mikel Smith (Smith) appeals from his conviction of driving while intoxicated, a class A misdemeanor.

We affirm.

The evidence most favorable to the judgment shows that on the evening of May 23, 1985, Smith was riding his motorcycle toward Logansport. Indiana State Police Trooper David Patty (Patty) stopped Smith after receiving a reading of seventy-four miles per hour on his radar unit when Smith drove by. Patty asked Smith to be

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