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GARCIA v. STATE

No. 20A03-8610-CR-309.

509 N.E.2d 888 (1987)

David C. GARCIA, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

July 7, 1987.

Attorney(s) appearing for the Case

Thomas A. Murto, Murto & Holbrook, Goshen, for defendant-appellant.

Linley E. Pearson, Atty. Gen., Gary Damon Secrest, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Presiding Judge.

David C. Garcia was tried by jury and was convicted of driving while intoxicated, driving while suspended and possession of LSD, a controlled substance.

The evidence disclosed that police officer Raeder had been stopped waiting for a train to pass on a railroad crossing in Elkhart. When the train passed, another motorist notified Raeder that a man was either asleep or unconscious in an...

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