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JOHNSON v. STATE

No. 02A04-8707-CR-213.

518 N.E.2d 1127 (1988)

Nathaniel JOHNSON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

February 10, 1988.

Attorney(s) appearing for the Case

Linda Peterson Powell, Helmke, Beams, Boyer & Wagner, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., Mary Dreyer, Deputy Atty. Gen., Indianapolis, for appellee.

CONOVER, Judge.

Defendant-Appellant Nathaniel Johnson (Johnson) appeals his conviction for operating a motor vehicle while his driving privileges were suspended. IC 9-12-3-1.

We reverse.

Because we reverse, we address only one issue, whether Johnson was "operating" a motor vehicle within the meaning of IC 9-12-3-1.

On June 25, 1986, Officer Daniel Taylor (Taylor) observed a 1976 gold Mark IV automobile parked off the roadway on Indianapolis...

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